Douglas McLachlan: Pomegranate pipped at the post in advert wars

Douglas McLachlan is a partner, Anderson Strathern, and specialises in intellectual property law.

As budget supermarkets Lidl and Aldi continue their offensive against the UK '˜Big Four' for increased market share, competition among supermarket retailers is fiercer than ever. In recent years, the main players have sought to expand '˜own-brand' product ranges and develop luxury lines to sell alongside their traditional budget offering. Worryingly for non-supermarket brands, it is becoming increasingly commonplace for own-brands to mimic '˜big ticket' branded products.

The latest example is Aldi’s recent release of a new range of luxury scented candles. In a press release, Aldi said the candles were “comparable to Jo Malone … for a fraction of the price.” The candles were available in three scents, one of which was branded “Pomegranate Noir” – which is the same name and scent of a Jo Malone best-seller. Importantly, Jo Malone holds an EU registered trade mark for the words “Pomegranate Noir” in relation to perfumes and scented candles.

Not surprisingly, Aldi’s range of candles received extensive media coverage, with many online news outlets particularly highlighting the similarity between the Aldi and Jo Malone versions. The candles sold out in-store on the day of release and have since sold out online - good news for Aldi but possibly a concern for Jo Malone.