Lidl forced to stop selling own brand gin in Hendrick's copyright row
The supermarket can no longer sell its own brand Hampstead gin in its current form
Last updated 27th May 2021
First Colin the Caterpillar, now Hendrick's Gin... Lidl is the latest company to come under fire for trademark issues in a row with Hendrick's gin about the bottle and label.
The supermarket chain has been forced to temporarily stop selling one of its own brand gins after being sued by Hendrick's gin on the basis its trademark has been infringed.
The Scottish-based company's bottles have a diamond shaped label, which has been trademarked since 2012.
Meanwhile, Lidl's own Hampstead gin underwent a makeover in 2020, with the end result looking more similar to Hendrick's gin than the previous product.
Following Hampstead's makeover, both brands had similar shaped bottles with a diamond shape label decorated with juniper leaves.
Both suggest serving with cucumber and have the same Alcohol by Percentage, changes which came about as a result of Hampstead gin's makeover.
Although Lidl defended the case, claiming there are "clear and obvious" differences between two brands, a judge ruled that the supermarket could no longer sell Hampstead gin in its current form.
Among evidence which helped the judge come to his conclusion were social media posts detailing the similarities of the bottles.
Lord Clark said: “From the material put before me, I am in no doubt that the trademark relied upon has a reputation in the United Kingdom.
“I therefore conclude that there is a reasonable prospect of success on the part of the pursuer in showing a change in economic behaviour or a real likelihood of such a change by customers who buy from Lidl, and hence that it has created an unfair advantage.
A Lidl spokesman told the PA news agency: “Although naturally disappointed, we note the court’s decision and have closely adhered to the requirements outlined within the ruling.
“We continue to liaise directly with the parties involved and hope to reach a satisfactory resolution in due course.”
It comes after Marks & Spencer started legal action against Aldi last month over Colin the Caterpillar cake and the rival Cuthbert product.
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