This week, in a pun filled open letter, Iceland have taken to social media site, X, stating that they will be applying for a trade mark for the phrase ‘King Prawn Ring’ and a design for the iconic King Prawn Ring design. In the letter, they specifically call out Aldi, Tesco, Lidl and Asda for copying their King Prawn Ring over the last 30 years, warning them to remove their King Prawn Rings from sale and to refrain from including them in their Christmas ranges, as well as stating that doing so will ensure no legal action is taken against any of the supermarkets if the applications are granted.
Businesses are now using this type of trade mark dispute to accelerate their marketing efforts. It is possible that Iceland have posted their open letter as part of a Christmas marketing campaign, with Aldi and Lidl, who are both mentioned in the open letter, jumping on the bandwagon. Aldi replied to the letter on X saying “Lol our lawyers aren’t scared of you” and Lidl replied saying “Sea-riously?”. Given that Iceland’s post has amassed over 1,400 likes, Aldi’s over 20,000 likes, Lidl’s over 1,000, and the letter making national news, the marketing technique appears to be working out for all parties involved.
Iceland appear to be following through on their threats, with them having filing an application for ‘King Prawn Ring’ in class 29, which covers only ‘King Prawn Rings’, on 9 September 2024. The trade mark is now in the examination process. However, it seems unlikely that the mark will proceed to be published, based on the fact that it is entirely descriptive of the product. Nevertheless, the supermarkets’ social media antics are likely to provide more online discussion, growing their engagement with the public.
If you have any questions on the above, feel free to contact a member of the team at 0191 281 4000 or alternatively at legal@mcdanielslaw.com.
