Hendrick’s, the owner of the popular gin brand, has won another stage in its long running battle against the German supermarket Lidl. Hendrick’s is famous for its unique “apothecary” style green gin bottle which is stocked throughout the UK and further afield.
Lidl stood accused of re-designing the famous bottle under the banner of “Hampstead Dry Gin” with a similar concave green bottle and Hendrick’s recently lodged proceedings in the Court of Session in Edinburgh to gain a preliminary injunction against the German supermarket.
This is a common tactic Lidl has employed successfully in the past, stating that its products have been ‘inspired’ by iconic brands (as opposed to being direct copies). In a rare win for the prior brand owner, the Scottish Court of Session has just granted the equivalent to an interim injunction against Lidl, preventing it from selling its Hampstead Gin in the same green bottle pending outcome of a full trial.
This case goes to show the importance of securing registered designs for your business and conducting due diligence on competitors before launching a new brand. Here at Briffa, the team benefits from over 25 years’ experience assisting with design claims in nearly every jurisdiction in the world and we are able to assist in all aspects of the process from initial filing to enforcement. If you need any further information in this regard please do feel free to get in touch with us via [email protected]
Written by Tom Synott, Associate