The Dryrobe case: When is a trade mark generic? An interview with Theo Barclay

Rebecca Field and Lee Curtis interview Theo Barclay of 4 New Square, who was the successful lead counsel for Dryrobe Limited, in the recent decision of the Intellectual Property Enterprise Court (IPEC) concerning trade mark infringement and passing off claims by Dryrobe Limited against Caesr Group Limited (trading as D-Robe Outdoors) and counterclaims by Caeser Group based on descriptiveness, genericism and non-use. The case is particularly interesting as it is one of the few UK trade mark cases concerning genericism and it concerns an item of fashion.