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Superdry sues ASOS claiming online giant copied its 'Osaka' branding

Tom Shearsmith
06 September 2021

Superdry has brought a High Court action against ASOS claiming the online giant copied its "Osaka" branding on various T-shirts and sweatshirts.

According to the claim, since 2021 ASOS has sold a number of items bearing the "Osaka" name. This includes a shirt from Topman, two T-shirts from New Look and one design produced by ASOS.

Superdry asserts it sent the fast-fashion giant a letter in July complaining about the trademark infringement. The lawsuit states that ASOS indicated that it would remove offending items but that illegal products continue to be listed.

In a High Court claim seen by TheIndustry.fashion, Superdry says that its trademark registered in 2018 covers products including sweatshirts, hoodies and T-shirts. The public filing notes that Superdry has always made products that borrow from Japanese culture, with one of its most successful lines being the "Osaka" brand.

Superdry osaka

Superdry Osaka item

Superdry says it is implausible that ASOS "was not aware of the Osaka brand at the time it commenced the sale of the goods."

The filing continues: "As a retailer of the claimants' brands and those of its competitors, the defendants would be aware of the leading brands of the leading companies in the UK apparel market, including the Osaka mark of the claimant."

Superdry's lawsuit is seeking an injunction to prevent ASOS from continuing to use its trademark. It is also seeking compensation for allegedly illegal use of its trademark, enquiring to the court about an inquiry into potential damages.

Superdry recently announced it is to open a new global flagship store this autumn at 360 Oxford Street in London, formerly home to Forever 21, close to Selfridges and adjacent to the new Bond Street Crossrail station.

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