Asda announced its “Just Essentials" range on Monday as part of its promise to expand its line of budget-friendly products to support customers through the cost of living crisis. However, Waitrose has said that Asda’s branding is too similar to its own “Essential Waitrose” range which the retailer launched back in 2009.
Following the news, leading intellectual property lawyer Jim Dennis, partner at Simkins LLP, commented: “Waitrose could have a good claim if they can prove that there is significant consumer recognition in the UK of the term 'Essential' in connection with Waitrose products only.
"However, this claim is not without its difficulties. Among the points weighing against Waitrose are: Waitrose’s mark is 'Essential Waitrose' not 'Essential', so the marks are not the same.
"Essential is not a particularly strong mark, as it’s partly descriptive. Essential is also the first element of Waitrose’s mark and the second of Asda’s, which is important, since the first element is usually considered to be dominant.
"Finally, Essential is used by Waitrose as an adjective and not a noun as used by Asda, so there is also a conceptual difference."
