Lidl not in high spirits over Hendricks’s gin trade mark dispute

Budget retailer Lidl have pulled an own product over a potential trade mark infringement dispute with gin brand Hendricks.

The product in question is their Hempstead Gin which has recently had a label and bottle shape change.

This has sparked a legal complaint from Willian Grand and Sons who produce Hendricks Gin. The matter is being dealt with by the courts in Scotland. This week, Lord Clark considered the two products and fell in favour of Hendricks in his initial ruling, confirming that there is the suggestion of ‘visual and conceptual similarity’ and this may be sufficient for customers to believe the two products are related or connected in some way.

While this is not the final ruling, the indication that the re-design may be enough to create a unfair advantage for Lidl is not good news.

If the Court’s findings remain on this path, Lidl are going to have to get their thinking caps on with a new design or risk losing one of their products completely.

If you have any questions about the protection of your brand, please get in touch today.

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