Lidl pulls own brand gin bottles from shelves

Lidl has pulled bottles of its own brand gin from the shelves after being sued by the makers of Hendrick’s gin.

Scottish firm William Grant and Sons, launched proceedings against the supermarket claiming its trademark has been infringed.

However, the retailer insists there are “clear and obvious differences” between the Hendrick’s trademark and its Hampstead gin product.

Hampstead gin has been sold by in Lidl stores for at least 10 years, however the bottle was redesigned in late 2020 – prompting the legal action.

At the Court of Session in Edinburgh, Lord Clark made an interim ruling in favour of Hendrick’s manufacturer.

In it he noted Hampstead was now priced at £15.99 – with the original version having been sold in Lidl for just £9.99.

‘Distinctive and recognised’

With regards to the trade mark, Lord Clark said: “Notwithstanding the existence of some measure of dissimilarity, having regard to a comprehensive assessment, there is a sufficient basis to argue visual and conceptual similarity between the mark and the sign.

“Bottle shape and colour are often intended to be distinguishing features of gin products.

“I accept that the more distinctive the mark the greater is the likelihood of confusion and that the Hendrick’s mark relied upon is quite distinctive and recognised on the market.

“I do consider that there is sufficient material, from the information put before me, to infer (for the purposes of a prima facie case) that there was a deliberate alteration of the get-up of the Hampstead product to seek to cause at least an association with Hendrick’s.”

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