Manchester City sued by Superdry over ‘Asahi super dry’ training gear
Manchester City have been hit with a High Court claim from fashion brand Superdry alleging trademark infringement on the team’s training kit.
City announced over the summer that beer manufacturer Asahi Super “Dry” would feature on both men and women’s gear throughout 2023-24.
However, the sports casual clothing manufacturer claims “the differences between Super ‘Dry’ and Superdry are so insignificant that they may go unnoticed by the average consumer.”
In papers lodged in London on December 15, Superdry requested an “injunction to restrain” City from using its name. The fashion brand is also pursuing costs, although it is “presently unable to quantify the exact financial value of this claim.”
Philip Roberts KC, acting for Fox Williams LLP on behalf of Superdry, also warns of a demand for the “destruction or modification upon oath of all goods and other items... [which] would constitute a breach of the injunctions.”
The claim included several pictures of the players in training kit and details how the club announced in July that “Super ‘Dry’ Asahi 0.0%” would be carried on sportswear, including “long-sleeved zip tops and short-sleeved shirts.”
Mr Roberts added “the sponsored kit is identical to each of the selected goods” and is “identical with or similar to the mark for which the Superdry Registrations are registered in relation to goods identical with or similar to those for which the Superdry Registrations are registered, in circumstances liable to give rise to a likelihood of confusion on the part of the public.”
“The defendant [City] is hereby called upon to confirm whether it is using or intending to use the sign(s) complained of in relation to any Class 25 goods beyond the sponsored kit, in order that the selected goods relied upon can be expanded to the extent necessary without undue case management disruption,” Mr Roberts adds.
“The Defendant threatens and intends to perpetuate (alternatively, to commence) the acts complained of hereinabove,” the claim says. “By reason of the aforesaid acts the claimants have suffered damage and/or will suffer damage in the future unless restrained by this honourable court.”
“Accordingly, the Claimants will seek damages in accordance with Article 13 of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, as retained law, to include inter alia any unfair profits made by the infringer by reason of the infringement,” the papers add.
City announced in July the “new non-alcoholic version of the Asahi iconic brand” had become the club’s official training kit partner.
“Since the start of the partnership, the Asahi Super Dry brand has been integrated across a number of different areas, including the rebrand of the Asahi Super Dry Tunnel Club and wider installation of cutting-edge technology throughout the Etihad Stadium to provide City fans with the unique Japanese super dry taste,” the club said.
The club has been contacted by Telegraph Sport for comment.
