Lidl pulls own-brand gin from shelves in trademark battle with Hendrick’s

Judge says there is ‘sufficient basis’ to suggest ‘visual and conceptual similarity’

Lidl has removed its "Hampstead” own-brand gin from shelves in its Scottish stores. (PA)

Lidl has pulled one of its own-brand gins from its Scottish stores after a leading rival sued the company for alleged trademark infringement.

The German-owned supermarket was challenged over its “Hampstead” gin, which it has been selling for more than 10 years.

After Lidl changed the bottle shape and label of this product late last year, William Grant and Sons, the company which makes the upmarket Hendrick’s gin, brought a complaint against it.

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

In a written statement, he noted that there was a “sufficient basis” to suggest a “visual and conceptual similarity” between the products.

The senior judge also said that “an association with Hendrick’s” could be inferred from the re-design of the Hampstead product.

Lord Clark added that William Grants and Sons had a “reasonable prospect of success...in showing a change in economic behaviour or a real likelihood of such a change by customers who buy from Lidl, and hence that it has created an unfair advantage”.

His words followed an earlier hearing in which Hendrick’s lawyers presented evidence from social media posts to back up their claims.

One message they shared included a photo of the Lidl product along with the words “looks like a complete rip off of Hendricks!!”.

The lawyers for the pursuer argued that Hampstead gin’s pale, diamond-shaped label and its round, dark bottle infringed Hendrick’s trade mark.

They also put forward the case that cucumbers were placed on the Lidl gin’s label in an allusion to Hendrick’s, which is infused with cucumber.

The legal battle follows the case brought by Marks & Spencer against Aldi over its Cuthbert product, which it claims is too similar to its Colin the Caterpillar cake.

Additional reporting from PA