In the News
Shrimpressive or Shellfish? Iceland Takes Legal Aim at Rival Supermarkets
1st October 2024
In a clever mix of humour and legal strategy, Iceland Foods has attempted to trademark its "iconic" King Prawn Ring, a product it claims to have pioneered since 1991. The supermarket giant isn't just making a splash with prawns but also stirring up the competition by demanding that rivals Aldi, Tesco, Lidl, and Asda stop selling their versions of the seafood party favourite.
Iceland's letter, dripping with seafood puns, accuses competitors of "fishy behavior" and boldly states, "There's only one original and that's us." The move, however, appears to be more of a marketing stunt than a serious legal claim. Industry experts, including intellectual property lawyer Giles Parsons, believe the application will likely be rejected. According to Parsons, the term "King Prawn Ring" is too descriptive to qualify as a trademark.
While the legal basis seems flimsy, Iceland’s timing is impeccable. With Christmas just around the corner, the retailer is using this cheeky gambit to remind consumers that its King Prawn Ring is the "original." After all, supermarkets have long fought over market share during the lucrative holiday season. Aldi and Tesco have shrugged off the threat, with Aldi’s witty social media response saying, “Lol, our lawyers aren't scared of nothing.”
The clash over King Prawn Rings is the latest in a growing trend of supermarkets jostling for dominance over intellectual property (IP) claims. From the M&S vs. Aldi "Colin the Caterpillar" cake battle to Tesco’s rebranding after losing a trademark case with Lidl, grocers are increasingly willing to use IP as a weapon to protect their market share.
Though Iceland's chances of winning a legal battle over its King Prawn Ring are slim, the case raises important questions about how far brands can go to protect their products from imitators. Will this bold move pay off for Iceland, or will other retailers continue to take their chances with their own prawn ring products? One thing's for sure: Iceland is making waves.
Glossary of Key Economic Terms:
- Branding: The marketing practice of creating a unique name, symbol, or design that differentiates a product from others in the market.
- Copycat Product: A product designed to closely resemble an established product from another brand, often leading to legal disputes over intellectual property.
- Guerrilla Marketing: A marketing strategy where unconventional methods are used to promote a product, often relying on surprise, creativity, and humour.
- Intellectual Property (IP): Legal rights given to individuals or companies over the creations of their minds, such as trademarks, patents, or designs.
- Market Share: The percentage of an industry's total sales that is earned by a particular company over a specified time period.
- Trademark: A symbol, word, or phrase legally registered or established by use as representing a company or product.
Retrieval Questions:
- What product is Iceland attempting to trademark in this legal case?
- Why do intellectual property lawyers believe Iceland’s trademark application may fail?
- How did Aldi respond to Iceland’s legal threat?
- What marketing technique is Iceland using in this dispute?
- Can you name another example of a legal dispute between supermarkets over intellectual property?
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