Iceland Foods has warned rivals not to copy its “iconic” King Prawn Ring product and has submitted trademark applications seeking to stop supermarkets selling lookalike lines this Christmas.
Specifically naming Aldi, Tesco, Lidl and Asda, Iceland warned that its lawyers were “more than ready” to take action against products deemed to mimic the three-decade-old frozen seafood line.
Iceland confirmed to The Grocer that it had lodged two separate applications with the Intellectual Property Office at the beginning of September, in an attempt to head off potential copycat products. One is to trademark the phrase ‘King Prawn Ring’, the other is a set of design specifications for a prawn ring product.
Iceland launched its first variant of the product in 1991. Several retailers have since gone on to launch own-label versions of the product.
Asda and Tesco currently stock similar King Prawn Ring with Sweet Chilli Dip products. Lidl currently stocks two King Prawn Ring lines in its Deluxe range; a sweet chilli dip and a garlic dip. Aldi has also previously stocked a King Prawn Ring as part of its Let’s Party Range.
In a tongue-in-cheek open letter published on 25 September, Iceland urged the named supermarkets to remove “pretender” products from sale and to not “include them in any of your impending Christmas ranges”.
Doing so would avoid any potential legal action “should our applications be granted”, Iceland warned. “You might think you’re pretty shrimpressive with your imitation offerings, but let’s get reel; there’s only one original, and that’s us.
“Over 30 years down the line and we’ve finally had enough of your fishy behaviour,” Iceland said.
Both of Iceland’s applications remain under review, and are yet to pass to publication.
Intellectual property lawyers have cast doubt on how enforceable any design registration would be, even if Iceland’s design submissions are approved.
“Registered designs have to be novel to be valid, and Iceland’s own use of their design since 1991 may have destroyed the novelty of the design registration. Applicants for design registrations only have a one-year grace period from first disclosure to obtain a valid design registration,” said Lee Curtis, partner and chartered trade mark attorney at IP Law firm HGF.
“Even if Iceland fail in their design and trademark applications, merely making a point and publicising issues around lookalikes of their King Prawn Ring, presumably timed deliberately in the run-up to Christmas, may be a very good marketing strategy and a means to educate the public to buy their prawn rings over all others,” he added.
It’s potentially the latest in a growing number of disputes between grocers and brands over lookalike branding and intellectual property, as retailers jostle for market share.
Tesco changed its ClubCard branding after it lost a trademark battle with Lidl in March. M&S and Aldi were notably embroiled in a long-running dispute over claims the discounter had copied M&S’s Colin The Caterpiller Cake, before reaching a legal settlement in 2022.
“It will be interesting to see whether other supermarkets do take heed of Iceland’s warning, or opt to take their chances,” said Anneka Dalton, partner at Taylor Wessing.
“This kind of case is inevitably challenging but in the fight against lookalikes it’s positive to see a brand owner delivering strong messages to the market on its IP protection and policing. We regularly advise clients on disputes over copycat products, and it is possible to win these sorts of cases with the right IP protection and strategy.”
Like other grocers Iceland has also not shied away from taking inspiration from existing food and drink brands for its own-label launches. Its Snacksters range of burgers, chips and chicken drew widespread comparisons with McDonald’s products when it launched in 2021.
In 2022, Iceland lost its own long-running legal dispute with Iceland, the country, after the supermarket had attempted to restrict the use of the word Iceland on products sold into the EU.
Iceland NPD launches continue
Meanwhile, Iceland continued with its latest blitz of NPD launches this week, with what it claims is its “biggest ever” batch of new Halloween products.
The 118 new SKUs in total are a 293% increase on the number launched last year. Iceland has gone with a spicy theme this year, with products like Scarily Spicy Carolina Reaper Chicken Strips, Scarily Spicy Beef Koftas and Spicy Cheese Pork Sausage.
Doubling down on the ‘fakeaway’ trend that has dominated its recent innovation efforts, Iceland has also launched a new Harry Ramsden’s meal box for four.
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