Bad luck if you’re a fan of Lidl’s Hampstead Gin. The supermarket has been ordered to stop selling it in Scotland by a Scottish court after a copyright infringement case was brought against them by Hendrick’s Gin. The Lidl own-brand gin has now been removed from shelves in Scottish stores as a result of the judgment.
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Hampstead vs Hendrick’s
Lidl changed their packaging for Hampstead Gin in December last year. The new bottles featured a very similar design to Hendrick’s Gin’s distinctive dark bottle and pale, diamond-shaped label as well as a similar typeface. Lidl also included images of cucumber on their bottle, which Hendrick’s Gin is infused with.
Senior judge Lord Clark said in court:
Bottle shape and colour are often intended to be distinguishing features of gin products. I accept that the more distinctive the mark the greater is the likelihood of confusion and that the Hendrick’s mark relied upon is quite distinctive and recognised on the market.
He continued:
I do consider that there is sufficient material, from the information put before me, to infer (for the purposes of a prima facie case) that there was a deliberate alteration of the get-up of the Hampstead product to seek to cause at least an association with Hendrick’s.
Lidl’s Hampstead gin
Despite its lower price, Lidl’s Hampstead gin has been praised by experts, winning a Master medal in the blind Gin Masters 2020 competition, with judges lauding its ‘bright citrus notes’ and ‘good potential for a gin and tonic’. You’ll still be able to buy it at Lidl stores in the UK as it has only been banned in Scotland so far.
