won a High Court injunction against discount supermarket chain Aldi following complaints regarding a product being sold by the retailer.Packaging and recipes on Aldi’s Saucy Salmon Fillets bore a significant resemblance to a product produced by the Saucy Fish Company.
It is understood that this is the first time a food firm has won an interim injunction in such circumstances in the UK.
The discount retailer has now removed the Saucy Salmon Fillets product from stores.
The interim injunction won by the food manufacturer comes ahead of a full court hearing regarding the fish product.
Depending on that outcome, the discount retailer could be forced to pay compensation to the food firm in relation to the matter.
With many supermarket private-label items resembling A-brands, the results of the upcoming court case could also mean an end to the development of copycat products of such brands.
“Aldi’s imitation of The Saucy Fish Company undermines the trust and confidence consumers have built with us,” said Simon Smith, head of brand at the Saucy Fish Company.
Our brand represents a “promise of consistency”, not easily replicable by packaging alone, he added.
“Originality and innovation are two of our watchwords, built through investment over the last three years as we’ve nurtured and grown a unique and desired brand, now valued at £35 million.”
He stated how important it was for the company to protect its distinctive brand identity as a mark of premium quality.
“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.”
Giles Hurley, managing director of corporate buying at Aldi, said the company had planned to remove the product from sale.
“This matter refers to a product that was being trialed in our stores,” he said.
“It is important to note that no decision has been made regarding the upholding of the injunction".
