Penguin/Puffin row continues

A verdict on the Penguin versus Puffin chocolate biscuit row between United Biscuits and Asda is expected in the next fortnight.

Mr Justice Robert Walker heard final presentations by United Biscuits in the High Court on Tuesday after last week’s claims by the group that shoppers were confused by the “virtually identical” branding and packaging of Asda’s Puffin biscuits. Mr Justice Walker reserved judgement.

Asda has denied trying to trick customers into mistakenly buying its Puffins when what they really want are McVitie’s Penguins.

In the High Court Gordon Pollock QC, for Asda, claimed the packaging of the two products is “markedly different”.

Meanwhile, Michael Bloch QC, for United Biscuits, claimed: “There is a perceived connection between Penguin and Puffin.”

Pollock said: “There is nothing unique about biscuit packaging, but there are stark differences between a packet of Puffin biscuits and Penguin biscuits.”

Bloch contended that consumers felt Puffins were made by McVitie’s, and that this could lead to the manufacturer losing control of how its Penguin brand is presented.

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