September 2009 - Sainsbury's is Sued Over Pitcher’s copycat

Drinks company Diageo are involved in a dispute with Sainsbury’s over claims that the supermarket's Pitcher's is a copy of Pimms. This may lead to further claims being brought by brand owners.

In the past, brand owners have been reluctant to take on the big supermarket chains, however, this might soon change if Diageo is successful.

This case is the first copycat dispute between a large supermarket and a high profile brand owner since the ‘Penguin v Puffin’ case when United Biscuits sued ASDA for passing off in 1997.

Diageo’s decision to commence proceedings may have been influenced by the Consumer Protection Regulations introduced last May. These regulations ban similar products which are packaged and marketed with the intention to mislead consumers.

Were Trading Standards to investigate this potential breach of the Regulations, it would reinforce Diageo's case. It would additionally give them a right to apply to the criminal courts for the forfeiture of Sainsbury's Pitcher’s.

Thus, brand owners will be watching this case very closely and if Diageo is successful it will certainly encourage others to come forward in order to protect their intellectual property.

If you would like to discuss intellectual property with us, please call us on 01562 514 863, email This e-mail address is being protected from spambots. You need JavaScript enabled to view it or contact us using the contacts page of our website.