Asda IP dispute hits delay due to Pinsents' Xmas shelf-stacking duties
Author: Emma Sadowski
04 Nov 2009 | 13:09
A High Court dispute involving Specsavers and Asda has been delayed in part due to the requirement that lawyers from Pinsent Masons - the supermarket's main adviser - are available to stack shelves at the supermarket during the Christmas period.
The dispute began when Specsavers accused Asda of infringing on its trademarks with an online advertising campaign which used the slogan "Be a real spec saver at Asda". The first round closed yesterday (3 November), with the next trial date originally set for January.
However, the date has now been delayed until April after Asda's counsel, Hugh Cuddigan of 11 South Square, in an unusual move argued that Pinsents lawyers would need extra time to prepare for the case due to the firm's agreement to provide the supermarket with staff to stack shelves over Christmas.
The 'partnership charter' agreement between Asda and its panel firms states that associates working on the account will only be able to do so following a mandatory secondment to the supermarket giant and that they will have to work in an Asda store over Christmas for three days, for free.
As Legal Week reported in October, Pinsents was one of three firms to land a spot on Asda's recently-reviewed legal panel, alongside McGrigors and Ward Hadaway.
Asda's counsel also argued a later trial date was necessary to allow the supermarket to conduct a survey of its customers to determine if they had been misled by the advertising.
On the trademark dispute, Specsavers is being advised by Eversheds with a team led by intellectual property (IP) disputes chief Antony Gold. Michael Bloch QC of Wilberforce Chambers and 8 New Square's Adrian Speck have been instructed as counsel.
Pinsents IP partner Catrin Turner is leading the firm's team advising Asda.
Specsavers marketing director Richard Holmes said: "We are very pleased that Asda has now agreed in court to remove any reference to being a 'spec saver' from any of their advertising as soon as possible and that the judge has ordered that an expedited trial should take place in April."
Pinsent Masons on the Legal Week Wiki
Click here to join Legal Week's LinkedIn In-house lawyers group
COMMENTS (TOTAL 11 COMMENTS)
Surely a wind-up? ...no?
City Woman -04 Nov 2009 | 13:35
No wind-up.
Alex Novarese -04 Nov 2009 | 13:57
mixed up dates
It's Bonfire Night tomorrow, not April Fools'.
Anonymous -04 Nov 2009 | 13:58
JOKING ASIDE!
Since when were Asda able to interfere with the firm's independence and dictate what their staff must do as a condition of being given work; or is it okay because they are the client?
Band Wagon -04 Nov 2009 | 16:05
Surely not
This was really said by Counsel in open court?!!
Secondments for in-house legal departments I can understand, but most lawyers would have done their shelf-stacking as sixth-formers... if ever!
Isn't their duty as officers to the court more important than shifting copies of Cheryl Cole's latest CD or bags of Monster Munch?
Anonymous -04 Nov 2009 | 16:28
In a word: no.
Mmm, Monster Munch...
Pickled Onions -04 Nov 2009 | 17:07
What has the solicitors profession come to when a firm has to pathetically offer up their associates for three days unpaid drudgery in a supermarket? How does stacking shelves truly help a lawyer get to know the business? It really is risible. Presumably at Xmas so Asda can avoid paying overtime rates to its staff.
What next? Bernard Matthews' lawyers have to spend three days in a chicken factory?
Marshall Hall KC -04 Nov 2009 | 20:48
If proof were needed of the increasingly ridiculous trend of being made to pander to clients... legal work is no longer about doing good work well for fair rates. God knows why a) Pinsents didn't tell Asda to release that team from their obligation b) Asda didn't tell them to prepare for the trial not fill shelves. Whatever next?
mad hatter -05 Nov 2009 | 09:23
Don't know why everyone is getting so worked up - surely they were just playing for time. The equivalent of the 'dog ate my homework' excuse.
Calm down, dears, it's only litigation -05 Nov 2009 | 11:17
Wake up...
The above comments simply enforce the view that commercial lawyers haven't a clue about business.
Asda makes money by selling products. People stack these products. No products on shelves means no wonga.
Duh! -09 Nov 2009 | 22:08
Mugs
If a law firm can be conned like this, what chance for the ordinary punters?
DaveMac -13 Nov 2009 | 10:11
RELATED JOBS
FURTHER READING
MOST READ
MOST COMMENTED
Updating your subscription status 
Advertisement
COURSES
LATEST JOBS
Advertisement
RECRUITERS
LEGAL EVENTS
LEGAL BRIEFINGS
- Market abuse and insider dealing – latest prosecutions and other developments
- Takeover Code – proposals to amend Rules 28 and 29 on profit forecasts and merger benefits statements
- Takeover Code – amendments to Rule 5 effective immediately
- Issuer liability – Treasury response paper and Regulations amending section 90A of FSMA
- Regulatory Investigations Group Financial Penalties – 5 steps to deterrence
SERVICES SECTION
