Stretchline lingerie maker wins 4-year High Court battle with H&M over bra designs

November 26, 2015 by admin
Filed under Latest Lingerie News

Stretchline created a technology stopping under-wire poking through bra
Firm discovered HM had used patented design on thousands of its bras
Smaller firm took HM to court after it was used in 12 of its lingerie ranges
High Court ruled in favour of Stretchline who could get multi-million payout

Steph Cockroft for MailOnline

Published:
07:40 EST, 25 November 2015

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Updated:
10:38 EST, 25 November 2015

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An underwear company has won a legal battle against retail giant HM after they stole the design of their bras. Pictured: Robert Glenn, intellectual property consultant, with one of the HM bras

An underwear company has won a four-year legal battle against retail giant HM after they stole the design of their bras.

Stretchline Holdings claimed to have solved the problems of millions of women by creating technology that stopped under-wire from poking through bra material.

But the firm later discovered that HM had stolen its patented design and used it in thousands of their bras.

Stretchline Holdings then took the global high street chain – which has 3,700 stores worldwide – to court after it used the technology in 12 of its lingerie ranges.

Now, following a four-year battle, High Court judges ruled in the company’s favour, meaning Stretchline could be in line for a multi-million pound payout.

Today, Robert Glenn, who works as an intellectual property consultant for Stretchline, said: ‘I am very happy with the result but sad that it had to go to court.

‘We have taken this technology all over the world and at the minute we have no idea the exact figure of the damages, but HM are a big company with a lot of branches.

‘I suspect it was wrongly used in thousands of bras and we are disappointed that they did it. We are a very small retailer compared to HM.’

Stretchline first discovered that HM were selling bras that incorporated the technology called Fortitube following test purchases in 2011.

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HM did not have a licence to do so and proceedings were issued. The case was settled the same year with an agreements between the two parties that it would not sell products that infringed the UK patent.

But in 2012, Stretchline again found HM had been using the invention and took legal action for a second time. The bras involved were Devsel, Rimteks and Takefast.

Handing out the judgement last week, Mr Justice Henry Carr said: ‘I conclude that each of the Devsel, Rimteks and Takefast bras, which are the subject of this action, fall within the claims of the patent.

The smaller company discovered that HM had stolen its patented design and used it in thousands of their bras. Pictured: Bras as advertised on the HM website

Stretchline Holdings then took the global high street chain (pictured) – which has 3,700 stores worldwide – to court after it used the technology in 12 of their lingerie ranges

‘The sale of such bras by HM was made in breach of the settlement agreement.’

Mr Glenn said it had taken two years for Stretchline to develop the technology.

He said: ‘There was a big issue with bra wires coming out in the wash and we wanted to stop that.

‘Basically how it works is the fibres around the wire melt together during the dying process, which stops the wire from poking out.’

Solicitor Nick McDonald, who represented Stretchline, said after the case: ‘We will now be back in court in January to look at damages and costs.

‘We need to establish the extent of the infringement and it could take months or years.’

Following a four-year battle, judges at the High Court (pictured) ruled in the company’s favour, meaning Stretchline could be in line for a multi-million pound payout

A spokesman for HM said: ‘HM respects the intellectual property of third parties and does all that it can not to interfere with valid rights.

‘It is unfortunate that the legal action commenced by Stretchline could not be resolved, which is HM’s preferred solution, and HM is considering an appeal against the judgement.’

Stretchline Holdings was established in Long Eaton, Derbyshire, in 2001 and employs 3,700 people in eight offices across the world.

The firm has bases in the USA, Mexico and Sri Lanka, as well as in China, Central America, Indonesia and Hong Kong.

They sell over 300 million bras across the world each year and produces 23 million metres of elastic per week – enough in a year to wrap around the world 30 times.