Comments on: Pitcher’s, Pimm’s – Match Point?

By: Chris Challis

Chris Challis — Sun, 23 May 2010 14:35:25 +0000

Fascinating article. L’Oreal v Bellure principles look very important for any brand owner or wannabe.
Having discovered Pitchers at a local Sainsbury’s today, with no stock of Pimm’s, are there funnier games going on?
And should I have bought it?

By: Chris Sherliker

Chris Sherliker — Mon, 28 Sep 2009 13:08:18 +0000

Thanks Adam.

Well, the answer to your question must be ‘yes’…In
L’Oreal v Bellure

the ECJ has clearly extended the protection that owners of global brands with distinctive ‘get-up’ can claim against look-a-like impostors, although the reasoning of the Court has perplexed many.

But the case applies to trade mark owners. As far as passing off is concerned there still needs to be a misrepresentation causing confusion.

I think that many more brands will file EU Applications that include not just the WORD MARK but also the design and get-up of the packaging in order to try and bring themselves within the broader ambit of the L’Oreal v Bellure principles.

By: Adam Bass

Adam Bass — Fri, 25 Sep 2009 15:05:31 +0000

What about the recent case won by L’oreal against Bellure. Does that mean that the holy trinity to prove passing off is no longer required?

By: Chris

Chris — Thu, 20 Aug 2009 09:22:34 +0000

Just watched a Pimms advert on the TV, could have sworn it was the Avengers!!!!

Suggest Pimms just chill out.

By: Chris Sherliker

Chris Sherliker — Tue, 18 Aug 2009 17:29:40 +0000

Elizabeth

Very many thanks for your comments. I tend to agree that many will be tempted to give it a try (myself included)with damage to Diageo. Of course, there is nothing wrong with Sainsbury’s offering a competing product….but did you buy it because you thought it looked like Pimm’s? All 3 elements need to be present to be passing off.

By: Elizabeth Miles

Elizabeth Miles — Tue, 18 Aug 2009 16:18:07 +0000

As a mere consumer (non lawyer) I would think that Pitchers was offering itself up as a lower priced Pimms equivalent, and would be inclined to give it a try. Sale lost to Pimms.
Is one of the three considerations sufficient for there to be a case, or are all three necessary, or is it a 2-1 issue?

By: Chris Sherliker

Chris Sherliker — Tue, 18 Aug 2009 11:15:43 +0000

Robz….many thanks. Yes, I am married to one of the team that named the Classic Cola so I have to declare an interest! However, I think that the Classic Cola get-up was significantly modified. They lost the “dynamic red swirl” or changed it, I think. You are dead right about the free publicity and I am sure the legal fees are factored into the NPD budget.

http://www.silvermansherlikerblog.com/pitchers-pimms-passing-off-getup

Apparently, Asda has been doing a Pimms’ equivalent for years.

Sliced cucumber in a good glass of gin works as well

By: Robz

Robz — Tue, 18 Aug 2009 11:03:54 +0000

Sainsbury’s have form! Remember their launch of Classic Cola in the mid-90s? They used a clever team of naming experts to develop a name just close enough to compete with Coca-Cola…. next thing they knew, Coke was harumphing futilely, while Classic was was being launched on a wave of free publicity!

By: Chris Marshall

Chris Marshall — Tue, 18 Aug 2009 10:51:34 +0000

Imitation is the greatest form of flattery!

Pimm’s should take the view that they are going to get a lot of free associated advertising and product awareness from this.

Also once people have tried Pichers (let’s assume because the price point is attractive) I have no doubt a good many will try the ‘real stuff’ i.e. Pimm’s once their finances allow it to see if it any different. At that point if Pimm’s has a superior product they will retain new business that it cost them nothing to get.

By: Jonathan T R Silverman

Jonathan T R Silverman — Tue, 18 Aug 2009 10:28:33 +0000

It’s all sour grapes !!

We’ve seen this all before – remember when Virgin Cola knocked off the Coke can design….great way for the infringer to get PR coverage and some shelf space…but just wait until Diageo start leaning on the retailers to take the knock off from the shelves or risk losing suppliers of premium brands …. dirty world out there…but full marks for trying

JTRS

http://www.silvermansherlikerblog.com/pitchers-pimms-passing-off-getup