27/01/2025
UK-based clothing company, Superdry and Premier League football club, Manchester City appear to have reached settlement over the trade mark infringement claim filed by Superdry at the UK High Court in December 2023.
Manchester City were caught in the crossfire of a long running clash between Superdry and Japanese beer brand Asahi, over the parties’ mutual interest in the term SUPER DRY which appeared on some of Manchester City’s Asahi sponsored training kits.
We understand the trial was scheduled to take place in the UK High Court mid-January 2025, just over a year after the initial claim was made by Superdry. However, the parties are reported to have reached settlement just before scheduled kick off.
Asahi’s interest in the term SUPER DRY is long running. According to their website, taking inspiration from the dry taste of sake, Asahi “brewed the world’s first Super Dry beer” in Tokyo in 1987 and named it Asahi Super Dry. The words – SUPER “DRY” – have and continue to feature on the branding and labels of Asahi beers sold globally.
Image originally published on Asahi International
Meanwhile, originally trading as “Cult clothing”, UK fashion brand Superdry began in 2003, and have become world-renowned for their clothing and apparel. Despite featuring Japanese lettering in some versions of their house mark and a very deliberate Japanese brand feel, Superdry have never opened an outlet in Japan.
Image originally published on The Branding Journal
Asahi famously tried (and failed) to prevent Superdry from obtaining a UK trade mark registration to protect one of their house marks for clothing back in 2003. Rejecting Asahi’s opposition, the UKIPO Hearing Officer found in favour of Superdry on the basis that the word elements SUPER DRY were “not prominent in the label marks [relied on by Asahi], and in any case appeared to have descriptive connotations”. The view at the time was that UK consumers wouldn’t necessarily see SUPER “DRY” as a trade mark or make the connection to Asahi.
Asahi did not appeal, and from what we have seen, did not try to sue them at the time.
Following City’s sponsorship deal with Asahi announced in 2022, the club produced Asahi sponsored training kits, which featured the term SUPER “DRY” – consistent with Asahi’s branding.
Image originally published on DailyMail.co.uk
Shortly after the branding appeared on the training tops, Superdry filed a claim at the UK High Court alleging infringement of their trade mark registrations of SUPERDRY, which covered “clothing”.
Whilst it’s not technically Manchester City’s branding at issue, as the party responsible for affixing the allegedly infringing sign to the clothing, they are the party accountable for the alleged infringement.
The infringement claim filed by Superdry included a request for an injunction, destruction of the allegedly infringing products, as well an account of profits for any revenue generated in connection with the shirts.
Unsurprisingly, the Manchester City players were seen wearing alternative training kits almost immediately after the start of the litigation, without the words SUPER “DRY” above the ASAHI mark.
The litigation rumbled on and a hearing date was set in the calendar. Settlement prevents the airing of the issues before the UK Court. That would have opened the discussion about sponsors branding on kit which is always in the IP spotlight with an enormous market for present and past kit, and fakes galore.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
