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Insider UK
Peter A Walker

Leith gin firm fights 'losing battle' against bottle copycats

The co-founder of Lind and Lime Distillery has described his battles with intellectual property disputes since setting up in 2014.

The most recent have come in the last couple of years, with three separate companies selling bottles almost identical to those first designed to encase the Leith-based distiller's signature gin.

Ian Stirling explained to Insider that the business worked with Contagious, a local brand design agency, to develop the bottle - but around a year and a half ago, they sent a link to Australian gin company SoHi, which had adopted a very similar looking bottle.

After contacting an Australian law firm, it was suggested that a cease and visit letter should be sent - costing around £2,000. SoHi did not back down though and the law firm stated that to take the matter further a legal claim would have to be made, with a full court case potentially costing in region of £100,000.

Stirling said that with there being no guarantee of recouping that amount, the decision was taken not to pursue it any further.

The Australian gin (SoHi website)

This was followed last summer by finding French glassware manufacturer Saver Glass appeared to have their bottle on offer on its website.

Again, Stirling consulted with various intellectual property lawyers on how to proceed, but was eventually advised that given the strength of the legal team - Saver Glass is a global group backed by private equity firm Carlyle - it would be a hard case to win, so again Lind and Lime backed off.

The Vin Grand Cru Zebra bottle from Saver Glass (Saver Glass website)

Then at Christmas, a further imitation was found in Phùng Ân Heritage, selling its plum wine in what looks very much like Lind and Lime's bottle design.

All three companies were contacted for comment, but none responded by time of publication.

"Intellectual property has been a misery for us - and probably is for many small companies - from the very moment we registered out very first trademark," Stirling explained.

The business is also behind the Port of Leith Distillery, which is currently constructing a vertical distillery building and will soon begin whisky production.

However, within weeks of trademarking that name, another business objected and tried to trademark Leith Distillery. With the gin brand, the original plan was to call it The Antidote - as citrus was the cure for scurvy - but a big French distiller launched a gin called L’Antidote, "so we backed off and thought of something else", stated Stirling.

"We also had some back and forth with another company, which led to a tribunal, for putting Leith Glassworks on the bottom of the bottles.

"Ultimately we won appeal and were awarded some costs, but nowhere near what we paid to defend ourselves," Stirling said. "If someone has a lot of money and wants to cause you problems, they can be quite vexatious about it, so you have to pick you battles."

Designs for the Phùng Ân Heritage plum wine (Dakota Nguyen)

Lind and Lime now exports into 24 different countries, and has paid to protect its trademark in all those different jurisdictions, but Stirling has learned that actually defending copycats is another matter.

"Unfortunately there’s very little you can do about it, we’ve learned this the hard way, you have to recognise your agency as a small company and just live with it.

"We've been encouraged by some lawyers to make a stand, but in practice there’s very little you can do."

Instead, Stirling highlighted the importance of establishing your brand from a marketing point of view, at least winning the fight for consumer attention.

"If you have a strong piece of design or packaging, people are going to copy you, unless you’re at a level where you have the financial strength for suitable recourse, it's about being a better commercial player."

Stirling concluded by making a plea to lawmakers to intervene in this area of the law, which he argued could be better - and more cheaply - settled via arbitration between companies in dispute.

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