Drinks company Diageo’s dispute with Sainsbury’s over claims that the supermarket's Pitcher's is a copy of its product Pimms could lead to further claims being brought by brand owners.
Historically brand owners have been reluctant to take on the big supermarkets, but that could soon change if Diageo is successful.
This is 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 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.
If Trading Standards were to decide to investigate this potential breach of the Regulations it would undoubtedly strengthen Diageo's case as well as give them a right to apply to the criminal courts for the forfeiture of Sainsbury's Pitcher’s.
Brand owners will be watching this case very closely indeed. If Diageo is successful it will certainly encourage others to come forward and protect the intellectual property of their products.
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