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.