The holiday season is upon us, and so is the battle of the supermarket shelves. Iceland Foods has issued a warning to competitors: “Hands off our King Prawn Ring!” This festive favourite has been a holiday staple for many, but this year Iceland is threatening legal action against any supermarkets trying to copy their iconic product. But is this just a clever PR move or are there real legal implications? Read the full story here.
PR Stunt or Legal Play?
Iceland’s warning seems like a savvy marketing tactic, but the legal ramifications of their statement should be considered.
Companies can protect their product designs, packaging, and even shapes through trade mark and design rights.
But in this instant, are Iceland’s claims a serious notice, or no more than just a festive shout-out to get written about by IP Professionals?
What Could Iceland Be Protecting?
Protecting products like Iceland’s King Prawn Ring can be considered in several ways:
- Trade Marks: Iceland have sought protection for the name “King Prawn Ring”. Given the descriptive elements in this name, the UKIPO may refuse the mark on grounds of non-distinctiveness or descriptiveness. It will then be for Iceland’s Attorneys to prove that the public recognise this name as indicating Iceland’s product and not just a generic term. If accepted, obtaining the registered right to the name stops others from using the name that could confuse customers. That being said, it is apparent that several other parties have been using a term to describe their products also, so this may be a tough ask to overcome.
- Design Rights: The shape, configuration, and visual appearance of the packaging can be protected under design law, preventing others from copying the overall look. However, novelty is a necessary criterion when enforcing design rights, and so Iceland’s use over 30 years may destroy the ability to successfully enforce design rights against third parties in 2024.
- Unregistered Trade Mark Rights: Iceland could rely on the law of passing off, which prevents competitors from misrepresenting their products as Iceland’s if they imitate the look too closely. By making a loud noise about their product, they could arguably be increasing their associated goodwill, which is part of the criteria required in order to be successful under these grounds. However, Iceland would then have to prove that other parties use of a sign led to a misrepresentation that the third party’s king prawn ring originated from Iceland, which could be problematic.
What Happens If a Competitor Copies?
If a competitor were to mimic the King Prawn Ring, Iceland could issue a cease and desist notice and, in extreme cases, take legal action. This would involve proving that the competitor has infringed on their intellectual property rights, which could lead to damages or an injunction preventing further sales of the product.
That being said, Iceland’s trade mark rights are not yet formalised and so it may be jumping the gun if they were to take action.
Why This Matters for Businesses
This story serves as a reminder that protecting your products isn’t just a formality—it’s a competitive necessity. Trade marks and design rights can give businesses legal recourse if competitors try to copy their products, which is especially important during high-demand seasons like Christmas.
It is also important that if businesses do come up with an interesting product, obtaining the formal rights associated with that product at the earliest stage would be vital, along with enforcement of those rights against misuse from competitors. What to protect and how to protect your intellectual property is a complex question and so obtaining professional advice is an incredibly valuable tool.
At Tennant IP, we help businesses identify, secure and enforce their intellectual property rights, so whether you’ve created your own version of a prawn ring or a new product altogether, we’ve got you covered!
Key Takeaways for Businesses
- Trade Marks: Protect your brand name, logo, and even packaging.
- Design Rights: Secure the unique shape or visual appearance of your product.
- Enforcement: Monitor competitors and be prepared to defend your rights.
Mike Tennant, Chartered Trade Mark Attorney, says:
“It’s not just about protecting what you have today—it’s about securing your brand for the future. Letting competitors take liberties with your ideas can be damaging in the long run. We have a history of helping companies in the food and beverage sector take their brands from start-up to million pound ideas in the UK through our trade mark protection and enforcement strategies”
If you’re unsure how to protect your products, get in touch with Tennant IP today for expert guidance.