In a significant legal victory for a brand synonymous with the UK's outdoor swimming craze, Dryrobe has won a High Court trademark case against its smaller rival, D-Robe. The judge ruled that D-Robe was guilty of passing off its changing robes and other products as those of the market-leading Dryrobe.
Court Rules on 'High Degree of Visual Similarity'
At the High Court in London, Judge Melissa Clarke delivered a decisive verdict, stating that D-Robe and Dryrobe have a "high degree of visual similarity." She concluded that a substantial proportion of attentive consumers who knew the Dryrobe trademarks would link, and likely confuse, the D-Robe sign with the established brand.
The judge dismissed D-Robe's defence, which argued that the term 'Dryrobe' had become a generic descriptive term for oversized waterproof changing coats. She ruled that, as of 2022, most of the public still understood Dryrobe to be a brand name. The ruling described the iconic product as an oversized waterproof coat with a towelling lining, designed for surfers and swimmers to change under while staying warm and dry.
A Brand Forged in the Surf, Adopted by Swimmers
Founded in 2010 by former financier Gideon Bright as a practical changing solution for surfers, Dryrobe's fortunes skyrocketed alongside the wild swimming boom. Its popularity exploded during the Covid-19 lockdowns when outdoor exercise became a necessity, transforming it from a niche surf accessory into a common sight on high streets and country walks across the UK.
The brand's financial success has been remarkable. Sales surged from £1.3 million in 2017 to a peak of £20.3 million in 2021, generating profits of £8 million. While sales moderated to £18 million in 2023 amid increased competition and a slight waning of the outdoor sports frenzy, Dryrobe has cemented its cultural status—even sparking a minor culture war, evidenced by a notorious Irish beach sign warning visitors to "beware of Dryrobe wankers."
Defending the Brand and Looking to the Future
Following the ruling, D-Robe has been ordered to stop selling infringing items within a week. The company had already rebranded as Delta Roam in May 2024, a move its spokesperson claimed was in train before the case. They stated they had sold most of their old D-Robe stock and were focusing on US expansion, where the term 'robe' is more associated with dressing gowns.
Gideon Bright hailed the court's decision as a "great result," citing the prevalence of copycat products that attempt to trade on his brand's reputation. Dryrobe is expected to seek compensation for trademark infringement and continues to defend its brand vigorously against generic use. The company is now expanding its overseas operations and diversifying its product range.
Geoff Steward, the co-head of intellectual property at Addleshaw Goddard, which represented Dryrobe, praised the brand's "clear, modern and relentless trademark strategy." This win follows a separate 2022 out-of-court settlement with the fashion label Superdry, where Dryrobe agreed not to use Helvetica-style fonts for the 'dry' part of its logo.
