Diageo sues Sainsbury's over Pimm's 'copy'

by Jennifer Whitehead, Brand Republic 17-Aug-09, 09:15

LONDON - Diageo is taking legal action against Sainsbury's over what it claims is a copycat version of its popular summer drink Pimm's, accusing the supermarket of infringing its intellectual property.

Sainsbury's released the drink Pitchers in April this year, advising shoppers that it could be mixed with lemonade and fruit -- which is how Pimm's No. 1 is traditionally served.

A comparison of the packaging reveals striking similarities. The bottles are a similar shape, both with red lettering in a similar sans serif font, with the logo topped by a gold crown, in the case of Pimm's, and a gold lion for Pitchers.

Diageo sues Sainsbury's over Pimm's

Sainsbury's promotion of Pitchers in no way shies from Pimm's positioning, advising that it has been made available "in time for all the top summer events -- Ascot, Henley and of course, Wimbledon".

Diageo has spent millions of pounds advertising Pimm's over the last few years in ads playing up to its image as a bit of a toff's drink, using the strapline "it's Pimm's o'clock".

Sainsbury's publicity for Pitchers also highlights that it is cheaper than its branded equivalent, as well as performing better in taste tests.

The dispute is a gamble for Diageo because Sainbury's is one of the country's biggest retailers and one of their major customers.

However, Diageo has the muscle of a wide drinks brands portfolio including Guinness, Johnnie Walker, and Smirnoff.

Diageo has confirmed that it is taking legal proceedings in relation to an intellectual property matter but said: "It is Diageo's firm intent that our strong trading relationship should not be affected by this discreet dispute."

Sainsbury's has responded by saying it will defend itself "vigorously" against the claims.

In 1997 a 'copycat' case involving United Biscuits and Asda reached court. Asda was found guilty of passing off its own-brand Puffin bar as United Biscuits' Penguin chocolate biscuit. The supermarket was permitted to retain the name as long as it amended its packaging.

Comments

Woolly Walnut - 17/08/2009

Aldi have been selling their almost identical, knock-off Pimms for years.

Ehsan Khodarahmi - 17/08/2009

Although there are some similarities in the 2 bottles but still doesn't make a reasonable ground for suing the supermarket. But let's wait and see if Diageo wins this case...

Greg Lusk - 17/08/2009

an obvious copy but in all honesty what's wrong with that? if its performing better in the taste tests as sainsburys claim and a smidge cheaper then all the better for the consumer....

Peter Thomas - 17/08/2009

I find the cans of Pimms and lemonade ready mixed, which I buy at ASDA, are really useful for picnicing and going to festivals where there is usually a ban on glass.

JAMES SMYTHE - 17/08/2009

"in all honesty what's wrong with that" Greg??? Pimms has spent a load of money creating a consumer impression that this kind of thing is a summer drink. If Pimms hadn't done this, Pitcher wouldn't sell a single bottle, it's not like the consumer would give a damn otherwise.

Stanley - 17/08/2009

imitation is the highest form of flattery - and all that guff

Lander Davidson - 19/08/2009

Interesting that Sainsbury's say it's performing well in taste tests - If you check out their Pimms and Pitcher recipies customers' reviews on Sainsbury's own website, traditional Pimms has 5* rating vs Pitcher recipe which gets 3*.

Jason Hunt - 25/08/2009

It's just not cricket. Flattery is one thing, blatant copying another. Sainsburys could do better than this.

Liz McGill - 26/08/2009

Tescos have a knock off Pimm's as well - slightly smaller bottle size but just as similar in label design. They gonna take on them as well? Personally I like the taste of the Winter Pimms but you don't get it much round here these days.