On 4 December 2025, HHJ Melissa Clarke ruled that a number of UK trade mark registrations for marks containing “Dryrobe” owned by Dryrobe Limited are valid and should remain registered.
The decision arose from infringement proceedings brought by Dryrobe Limited against UK company Caesr Group Limited, that was using the name “D-ROBE” and logo in relation to a range of changing robes for drying or keeping warm between outdoor activities: essentially the same products sold by Dryrobe Limited.
Dryrobe Limited argued that Caesr Group Limited’s use of the name and logo in relation to highly similar products infringed Dryrobe’s trade mark registrations.
As part of its counterargument, Caesr submitted that “Dryrobe” had become a common term used by consumers to refer to changing robes in general, rather than specifically Dryrobe’s products. Therefore, Caesr argued, it was no longer functioning as a trade mark and so could not be infringed by Caesr’s activities.
Under UK trade mark law, a registered trade mark can become invalid if, through its popularity or significance, it becomes a generic term for a product. This has happened in the past to ASPIRIN, ESCALATOR and ZIP.
However, Dryrobe avoided this fate by showing evidence that it had been extremely active in preserving its status as an indicator of origin.Examples included comments made by Dryrobe’s official accounts on social media correcting users who had used the name to refer to rival products, and advertising materials that made prominent use of “Dryrobe®” to inform consumers that the mark is a brand name.
This strategy is aligned with those adopted by other brand owners who dominate their sectors but have nonetheless retained their registered trade marks by showing that they have made efforts to educate consumers, such as GOOGLE and HOOVER.
HHJ Clarke held that, while there was evidence of consumers using “Dryrobe” to refer to a category of products, not all of which were produced by Dryrobe Limited, Dryrobe’s efforts to combat this trend meant that the trade marks are not yet wholly generic. The result was that Caesr’s use of “D-ROBE” was found to infringe the Dryrobe registrations.
The decision serves as a reminder to brand owners that a brand’s success can come at a price: once a brand begins to dominate its market sector, steps should be taken to ensure that it is still seen as a brand in the eyes of consumers.
