The trademark battle of 'GIN'
NEWS
By Pallavi Paul
The owner of “Hendrik’s gin” William Grant filed a case of trademark infringement in Court of Sessions in Edinburgh against “Hampstead gin” sold in Lidl stores in Scotland. The pursuer claimed that the defenders are infringing their trademark and committing the delict of passing-off. The pursuer is the registered owner of “Hendrik’s gin” in UK under Class 33 for alcoholic beverages and the gin bottle is uniquely designed bearing a diamond-shape label which is not restricted in a specific color and is being sold in the markets.
NEWS
By Pallavi Paul
The defenders operate a supermarket chain which has stores in Scotland where the “Hampstead gin” is being sold for at least 10 years. The gin bottle sold by the defendants were re-designed which was similar to the pursuer’s bottle and sold across stores in UK since December 2020. The pursuer contended that the re-designed product was similar and was being used for an identical type of item i.e., gin and the assessment of likelihood of confusion can be seen globally taking into all the relevant factors. However, the defenders submitted that they didn’t sell its products online and only in-store Lidl, and approximately 90% products sold at Lidl were private-label goods. They added that “Hendricks’ gin” was not sold in any Lidl stores in Great Britain and never had been
NEWS
By Pallavi Paul
so there was no scope of consumer confusion as there was no basis to hold that the average consumer might think that the new “Hampstead gin” was from the same undertaking or an economically linked undertaking as the pursuer’s trade mark. The Court ruled in favor of “Hendrik’s gin” and granted interim relief to them stating that the pursuer’s trademark has a distinctive character and there was sufficient material that there was a deliberate alteration of the get-up of the Hampstead product to seek to cause at least an association with Hendricks’s. Further, consumers would recognize the common elements in the get-up and assume that the pursuer is involved in the manufacture or sale of Hampstead gin. The Court’s ruling however does not extend the territorial jurisdiction of Scotland.