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A fishy tale from Aldi

Ever since Asda launched its Puffin chocolate bar the battle between brands owners and the supermarket’s cheaper look-a-like products has raged. The Puffin bar looked remarkably similar to United Biscuit’s Penguin bar and the brand owner thought Asda were taking the biscuit. It sued for passing off and won.

This has not stopped a decade of skirmishes between two parties who cannot live without each other. On the one hand supermarkets need to stock brands and of course, brands need supermarkets. This has led to an uneasy truce, but occasionally the line is crossed. The most recent example is a fishy tale from Aldi.

The Saucy Fish Co is a fast growing, highly successful brand. So much so it was recently placed in a list of the coolest brands in the UK. Although the product wasn’t sold in Aldi, the supermarket decided to launch its very own range of saucy fish in packaging which, in a certain light, could be described as similar to the Saucy fish Co’s packaging (see below).

Unsurprisingly, The Saucy Fish Co took offence to what it perceived as Aldi’s attempt to ride on its coat tails and issued proceedings for trade mark infringement.
The case is at a very early stage but the first skirmish has gone the way of The Saucy Fish Co, with Aldi agreeing to stop selling its saucy fish until the dispute is resolved.
What’s your view, have Aldi over stepped the carp or have the Saucy Fish Co got in a (fish) stew over nothing?