William Grant & Sons V Lidl: Where To Be-gin?

On 25 May 2021, the Scottish Court of Session (SCOS) granted an interim interdict (akin to an interim injunction), which prevents Lidl from selling its own brand 'Hampstead gin' in Scottish stores, pending the outcome of the matter at trial.

The order follows a claim by William Grant & Sons (WGS), owner of the well-known 'Hendrick's' gin brand, who alleged trade mark infringement and passing off. Whilst the SCOS found that WGS' claims in passing off and under s10(2) of the Trade Marks Act 1994 (TMA) had no reasonable prospect of success, it was prepared to grant interim relief in relation to claims made under s10(3) TMA.  

Background - William Grant & Sons

WGS' 'Hendrick's' gin brand is protected by the UK trade mark shown below. The mark is registered in class 33 for "alcoholic beverages":