United Biscuits, the manufacturer of Penguin biscuits which this
week won a ’passing off’ action against the Asda supermarket chain, is
dropping the famous ’Pick up a Penguin’ slogan from the brand’s
In a new TV campaign, which breaks nationally next week, the line is
being substituted with an alternative - ’Pick up a person’.
Gerry Moira, the creative director of Publicis, which devised the
campaign, said: ’You can never say never, but it isn’t our intention to
use the ’Pick up a Penguin’ line again in the foreseeable future.’
The agency said the two 30-second commercials had been in development
for the past four months and the change had nothing to do with this
week’s High Court ruling.
UB has been granted an injunction, suspended for 35 days pending an
appeal by Asda, preventing further sales of Asda’s Puffin biscuit
because its packaging amounted to a ’passing off’. But the court
rejected claims that Asda’s choice of the Puffin name had breached the
The outcome of the case is being watched by other manufacturers, who
have been alarmed by the similarities between own-labels and their
But Rick Bendel, the joint chief executive of Publicis, which handles
both Asda and UB business, said: ’It’s a very confused ruling with both
sides claiming victory.’
Bendel insisted the agency had managed to remain clear of the battle
between two of its major clients.