Flint Bishop

Pimms v Pitchers case could lead more brand owners to take on supermarkets

Drinks company Diageo's dispute with Sainsbury over claims that the supermarket's Pitchers is a copy of its product Pimms could lead to further claims being brought by brand owners, according to MFG Solicitors.

Tom Esler, head of the firm's litigation division, said historically brand owners had been reluctant to take on the big supermarkets, but that could soon change.

His comments followed a settlement of the row, with Sainsbury agreeing to change the labelling.

Diageo had threatened legal action if Sainsbury didn't back down.

The settlement means Sainsbury will continue selling Pitchers but the Sainsbury logo will appear on the bottles and some colouring will be changed from gold to orange.

Mr Esler said: "This was the first copycat dispute between a high profile brand owner and one of the supermarkets since the infamous 'Penguin v Puffin' legal wrangle when United Biscuits successfully took Asda on in their claim for passing off in 1997.

"Diageo's decision to make an issue of this may have been influenced by the Consumer Protection Regulations introduced last May, which bans similar products which are packaged and marketed with the intention to mislead consumers.

"Brand owners will be watching very closely to see what fallout there may be. Despite the 'amicable settlement' it will certainly encourage others to come forward and protect the intellectual property of their products."

Pitchers, a Sainsbury's own brand, was launched earlier this year.

It was billed as an alcoholic drink that can be mixed with lemonade and fruit, while traditionally Pimm's is often taken with lemonade, as well as various fruits including apples, oranges and lemons and a touch of fresh mint.

Pimm's was first produced in 1823 by James Pimm, a farmer's son from Kent who became the owner of an oyster bar in the City of London, near the Bank of England.

 

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Article published by Midlands Business News on 5 October, 2009

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