Rollits Help The Saucy Fish Co. secure interim injunction against Aldi

The Saucy Fish Co., recently included in the list of the UK's "CoolBrands®" alongside the likes of Rolex and Aston Martin, is taking on food giant Aldi in a High Court battle over the supermarket chain's packaging of one of its own brand ranges of seafood products.

Represented in its claim by Rollits, The Saucy Fish Co. allege that Aldi (which is well known for its advertising campaign comparing its own products to various "household name" brands) has infringed its trade marks by packaging some of its own-brand fish & sauce products in packs which the Saucy Fish Co. says closely resemble its own distinctive black packaging.

Aldi, who are disputing the claim, have agreed to submit to an interim court order requiring them to remove the packaging in question from shelves, pending the final outcome of the case.

Speaking after the interim agreement was reached, Simon Smith, The Saucy Fish Co.'s Head of Brand commented that "The Saucy Fish Co. isn't the first and won't be the last brand to take action against copycat brands, but we're encouraged by the outcome of the agreed interim injunction.  Ghost' brands that trade on the halo effect of an established brand simply should not be tolerated and I'm sure other brand owners will be watching this case with interest.

"We are grateful to the team at Rollits for all their help and expertise.  Working together we are confident of a successful outcome to the case"

Rollits partner Andrew Digwood added that "The Saucy Fish Co. has what we think is a fantastic and distinctive brand.  It is disappointing but perhaps not surprising that increasingly we are seeing the supermarket giants launching products which seek to ride on the success of such brands.

"With our Food Sector and Intellectual Property expertise Rollits are ideally placed to help The Saucy Fish Co.  protect its brand.  Aldi having agreed, for the time being at least, to remove these products from its shelves hopefully suggests that it might ultimately be possible to reach a satisfactory final settlement with them.  If not, then we remain confident that the trial judge will see things our way."

Posted on: 02/05/2014

This article is for general guidance only. It provides useful information in a concise form. Action should not be taken without obtaining specific legal advice.

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