Lidl has lost another stage of a legal battle to the makers of Hendrick’s after fighting to keep its own-brand gin on shelves.
Distillers William Grant and Sons had won an interim interdict in May, successfully arguing the discounter’s Hampstead Gin had aped its bottle design.
Court of Session judges dismissed an appeal by Lidl this week.
They also endorsed the manufacturer’s submission to extend the Hampstead Gin ban from Scotland to the rest of the UK.
READ MORE: Lidl ordered to stop selling Hendrick’s gin lookalike
In a written judgement, Lord Carloway said the original judge had “correctly applied the law”.
He added: “It is clear from the approach of the courts in England that the grant of orders, against persons who are domiciled in the jurisdiction, which have an extra territorial effect are commonplace.
“The same approach is appropriate in Scotland.”
Although the German supermarket has sold Hampstead Gin for at least a decade, it redesigned the bottle last year.
William Grant and Sons claimed in the original case that Lidl had copied Hendrick’s colour, shape and diamond label.
“It is difficult to view the redesign, including the change in colour of the bottle, as accidental or coincidental,” ruled Lord Clarke.
“There is a sufficient basis for showing that there was an intention to benefit.”
Lidl will still be able to sell Hampstead Gin with a different design.
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