Swiss cycling clothing manufacturer, Assos, has filed legal action against British fast-fashion eCommerce retailer, ASOS PLC, for the second time in a decade.
The reason for the latest claim, which was first reported by City AM on Tuesday morning, is unconfirmed, however, a court filing seen by Cyclingnews outlines a Part 7 Claim - essentially a way to begin a formal lawsuit in civil court in England - for a 'breach of contract.'
The contract in question, and indeed how it is claimed to have been breached, are unconfirmed. The claim is filed not only against ASOS PLC but against 'ASOS.Com Limited' and 'ASOS France SAS' too.
The court filing states that the London-based law firm, Fladgate LLP, has been instructed on behalf of Assos of Switzerland. Representatives on behalf of ASOS are yet to be listed.
Cyclingnews has contacted both Fladgate and Assos for further information, but at the time of publication, neither has replied.
The news follows a 2016 case in which ASOS reportedly paid £20.2 million to settle a trademark dispute with Assos of Switzerland and German menswear retailer Anson's Herrenhaus.
In that case, which spanned five years starting in 2011, Assos alleged that Asos' selling clothing and other fashion accessories under the ASOS name infringed its Community Trade Mark.
The initial trial found largely in favour of ASOS and partially revoked the Assos mark, but the subsequent court of appeal process found likely confusion between the two names. Eventually, ASOS settled with both Assos and Anson's Herrenhaus, and a report in The Guardian at the time stated that Asos would be restricted from selling cyclewear.
Assos: A Premium Cycling Brand
Assos is highly revered among cyclists for the quality and performance of its cycling clothing. Its products are regular inclusions in the Cyclingnews tech team's buying guides, with the Assos Mille GT winter jacket among the best winter cycling jackets on the market.
The Previous ASOS Lawsuit
The 2016 case involved an alleged infringement of the trademarks on Assos's name. It was reported that ASOS reached a settlement with Assos of Switzerland and German menswear retailer Anson's Herrenhaus over this infringement. It was reported that ASOS was set to pay the two companies £20.2m in cash and was restricted from selling cyclewear and opening shops in Germany. The settlement came years after the initial trademark proceedings were filed by Anson in 2010 and Assos in 2011.
What's Next?
The details of the current lawsuit are unclear, but it could be related to the 2016 settlement. The fact that Assos is taking legal action again suggests that the company is serious about protecting its brand and its trademarks. This latest development will likely be closely watched by those in the cycling industry and beyond.
This is the second time in a decade that Assos and ASOS have been embroiled in a legal dispute, raising questions about the future of their relationship. The outcome of this case could have a significant impact on the future of the cycling industry and the fashion industry as a whole.
