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the "Pitchers" case settles

9 October 2009

We reported on this page on 2 September that Diageo was suing Sainsbury’s over the supermarket’s alleged copying of its “Pimms” branded product with its own “Pitchers” branded product.

High profile brand owners have traditionally been reluctant to take on supermarkets, who of course provide the major retail outlets with many of their products. We said that brand owners would be watching this case very closely indeed, as if Diageo were successful then it could encourage others to come forward with claims.

However, it would appear that Sainsbury’s and Diageo have amicably settled their differences out of court, with an agreement to rebrand (but not rename) the “Pitchers” product. The settlement will avoid further publicity for the case, and perhaps enable Sainsbury’s and Diageo to do business without the wedge of ongoing litigation between them. More significantly, the settlement avoids the risk of setting a dangerous legal precedent. Nevertheless, there is a chance that such a precedent will still be set by the Tesco and Next case, reported on 22 September.

 

 

 

Look at the new label on our link with the higher profile sainsbury logo and  orange segment  .
Is that enough to prevent consumers being confused between the Diago original and Sainsbury new product?-

Looking at the new label above (on the right) with the higher profile sainsbury logo and  orange segment; Is this enough to prevent consumers being confused between the Diageo original and Sainsbury’s new product?

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