Penguin axes slogan after ’Puffin’ triumph judgement continues

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 advertising.

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

advertising.



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

Penguin trademark.



The outcome of the case is being watched by other manufacturers, who

have been alarmed by the similarities between own-labels and their

branded products.



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.



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