William Grant and Sons Irish Brands Limited is the maker of Hendrick’s gin. William Grant issued an application for an interim injunction against Lidl over its Hampstead London Dry Gin, which William Grant alleges infringes its registered trade mark.
Lidl’s Hampstead London Dry Gin has been on the market for nearly 10 years, but in 2020 it was re-designed and now, according to William Grant, looks highly similar to the ‘apothecary-style’ bottle which is used in its Hendrick’s gin. William Grant has claimed that as well as the re-design of the Hampstead gin bottle, Lidl has also re-designed its logo to be a similar colour to that used on the Hendrick’s label, as well as using images of cucumbers which William Grant claims is something consumers associate with Hendrick’s gin.
In its claim, William Grant requested an order from the Court that Lidl are to stop selling the newly designed Hampstead London Dry Gin. On 25 May, Lord Clark agreed with William Grant in that Lidl’s Hampstead London Dry Gin and ordered Lidl to remove its Hampstead London Dry Gin from sale. That is a decision taken in the Court of Session in Scotland, and the order is to hold over until trial of the matter, at which William Grant will try to convince the Court that users are or are likely to be confused.
In the past in litigation in England claimants have failed to persuade the Court that budget supermarket’s own-brand products infringe, on the basis that their customers know what they are buying, and so can’t be confused. It will be interesting to see how the Scottish courts decide that issue, as they are applying the same law to this case (the Trade Marks Act).
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or firstname.lastname@example.org.Posted by: Tom Staveley in: Trade Marks