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

Author: Sophie ParsonsPublished 26th May 2021
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.

The British High Street

On the topic of shops and retail - do you know who owns which High Street names?

Burtons and Dorothy Perkins

Online retailer Boohoo have bought both the Dorothy Perkins and Burton brands from Arcadia group. They haven't taken the actual shops though, which will permanently close.

Wallis

Fashion brand Wallis was also part of the ÂŁ25.2 million deal that Boohoo made for parts of the Arcadia group, including Burton and Dorothy Perkins, which mean the Wallis shops will also leave the High Street.

Topshop & Topman

ASOS have bought this part of the failed Arcadia group, paying ÂŁ292 million for brands including Topshop and Topman. The shops themselves were not part of the deal though, so it looks like they will close.

Miss Selfridge

Miss Selfridge was another one of the brands that ASOS bought alongside Topshop, Topman and HIIT and will also mean the shops will close.

Debenhams

Boohoo have also bought the Debenhams in a ÂŁ55 million deal which saw the company's 242-year-old name survive but all 118 stores shut.

Oasis and Warehouse

Boohoo have been expanding for the last few years - in 2020 they bought Oasis and Warehouse's online element for ÂŁ5.25 million as the shops had already closed.

Karen Millen & Coast

Boohoo also bought the brands Karen Millen and Coast in 2019 when it went into administration and stores closed.

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