H&M muses appeal in bra patent dispute
Retailer H&M is considering appealing against the English High Court’s judgment that it infringed a patent owned by brassiere maker Stretchline.
A spokesperson for H&M told WIPR that the company “respects the intellectual property of third parties and does all it can not to interfere with valid rights. It is unfortunate that the legal action commenced by Stretchline could not be resolved, which is H&M’s preferred solution, and H&M is considering an appeal against the judgment”.
On November 20, the high court ruled that H&M had breached a 2011 agreement with Stretchline by selling a product that infringed one of its UK patents.
The patent is directed to the fabric covering the underwire used in bras.
Stretchline sued H&M in 2010, but both parties settled the dispute a year later and entered into an agreement to avoid any further litigation.
Under the terms of the 2011 agreement, H&M agreed not to sell products infringing the patent or challenge its validity, while Stretchline agreed not to sue for infringement.
But in 2013, Stretchline accused H&M of breaching the agreement by selling the Devsel, Rimteks and Takefast ranges of bras. H&M counterclaimed that the patent was invalid.
