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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

...... to think this shop has a bit of a cheek.

96 replies

SnickersWasAHorse · 31/05/2017 18:43

I stopped by a small independent shop on the way home today to pick up a loaf of bread as I had forgotten.
They had the normal Kingsmill etc but the also had some sliced bloomer loaves in brown paper.
Preferring this kind of loaf I bought it for £1.40.

When I got it home I realised it was an Aldi loaf.

Nothing wrong with Aldi but AIBU to think they have a cheek to sell it in their shop!

OP posts:
ComputerUserNotTrained · 31/05/2017 23:12

*nor

Lockheart · 31/05/2017 23:28

It's skirting pretty close to the line - imagine if the small shopkeeper wasn't checking stock correctly and sold out of date / off / mouldy goods to someone. The packet has Aldi's brand on the outside - it would not reflect well on Aldi and I presume they are protective of their name. As trademark owners it is their legal duty to enforce their trademarks. I doubt there is a formal supplier contract in this case. And in the same way you can't buy (or make) Disney trademarked stuff and resell it without a licence, I imagine the same would apply here.

This isn't the same as going to a cash and carry where bulk goods direct from manufacturers are being sold with the understanding that they may be sold on. You won't find crates of Sainsbury's or Waitrose branded goods for sale there.

Is it outright illegal? No idea, but were I a small shopkeeper I wouldn't risk it - I'd be too worried about ending up on the wrong side of a bunch of very expensive lawyers.

malmi · 31/05/2017 23:31

A few people claiming this is somehow illegal but when pressed can only offer anecdotes, not legislation.

Putting their own bread in an Aldi bag would be illegal, it's misrepresenting the product.

But buying products at one price and selling it at another is perfectly legal. It's just capitalism. The supermarket might not like it but all they can do to counter it is refuse to sell the products in the first place.

Any problem with the food would be the responsibility of the reseller, who would then take it back to the supermarket for further investigation/refund.

Lockheart · 31/05/2017 23:40

But buying products at one price and selling it at another is perfectly legal.

If you tried that with someone like Disney, without a licence from them, you'd get sued for everything you have.

This is a decent summary from eBay, which you can imagine sees a lot of trademark violation.

Here is the gov.uk page about intellectual property.

It largely comes down to how protective the trademark holder is of their brand. Some aren't too bothered, others are.

I do not know if the case in the OP would be outright illegal, but as I said I feel it is skirting extremely close to the line and is not something I would personally risk doing.

wuckfittery · 31/05/2017 23:40

I don't know how legal it is, but I saw a little corner shop in Barcelona selling Lidl products at vastly inflated prices eg bag of nuts that is about £1.20 here for €5.99!

malmi · 01/06/2017 00:03

If you are selling genuine Disney products then their lawyers can't do anything except check you're not using their logos on your promotIonal material, and of course exercise their right not to sell to you, if you are buying the product from them. The logo on the product itself is not infringing because you are selling an unaltered genuine product, not a derivative or copied item.

mermaidsandunicorns · 01/06/2017 00:36

Utter bollocks innitprawn

I know for a fact that this particular bread is made by a smaller bakery firm and not one of the big ones

It's morally and legally wrong. It would make me wonder about the sourcing of their other products.

Those saying about the dominos wedges thing and I know a lot of other restaurants do this. They are not keeping the original supermarket store branding on the "wedges". This shop was shameless in reselling an Aldi product.

SparklyUnicornPoo · 01/06/2017 01:12

its about 90p, it's really good bread, but yeah, I doubt Aldi woud be impressed. pretty sure theres no actual law against it though.

rubiq · 01/06/2017 08:56

REALLY?

you dont have enough going on in your life to have time to be ringing supermarkets about a loaf.. :/

rubiq · 01/06/2017 08:57

your paying for the convienience.. if you feel so strongly walk the extra mile and pay Aldi for theres..

its Time v Convienience, whats more important

splendide · 01/06/2017 09:27

What law do you think they're breaking Mermaid?

The only thing I can think of is a possible passing off claim but I think it may be tenuous.

Smeaton · 01/06/2017 09:32

This reply has been deleted

Message withdrawn at poster's request.

ComputerUserNotTrained · 01/06/2017 09:53

Just go straight to the police...

Massive police crackdown on multipack cans sold separately Grin

LurkingHusband · 01/06/2017 09:55

This is just how the free market works ... buy for a dollar, sell for two

innitprawn · 01/06/2017 10:34

Mermaid really morally wrong?!
Wow. Tiny life

innitprawn · 01/06/2017 10:35

Mermaid - statute and precedent please?

grannytomine · 01/06/2017 10:39

Why report them? Small local shops struggle to survive, if you report them and they close down is that helping anyone?

sirfredfredgeorge · 01/06/2017 10:52

The Sainsbury's own brand example above was almost certainly illegal, but only because the crisps would've been individual multipack crisps and not met the labelling requirements of (use by dates / nutrition information etc.) and the reason those multipack items don't have that info on it, is specifically to avoid this problem because there is no other route to blocking it.

FizzyMakeFeelNice · 01/06/2017 11:00

My local corner shop sells Lidl salad stuff. Doesn't bother me, saves me going the 2 miles to Lidl, so I don't mind paying the extra. Plus it has environmental benefits too, because if he's buying it there it means he isn't doing an 8 mile trip to the cash and carry as often.

melj1213 · 01/06/2017 12:26

I think for me, I don't mind buying branded products from other stores in an independent retailer, as long as they're upfront about it.

It's one of those things where I feel like it's wrong but it's hard to articulate why it feels that way.

Everyone knows that the corner shop is going to have higher prices than a supermarket based on their overheads, but it's one thing to stock a branded item which you can buy from half a dozen places, all at different prices, and purposely buying things from a supermarket at a cheap price just to inflate it.

I think also depends on how far away the original store is. So if in the OP's case the corner shop is a 5 minute walk away but Aldi is 10 minutes away, I think it's worse that they take advantage of people who may not realise that they are paying 50% more for something they could get just down the road and they haven't been given the chance to weigh up whether they want to walk the extra 5 minutes. If the nearest Aldi is half an hour away, the customer is highly unlikely to have been thinking of popping in there anyway and so are less likely to feel "cheated" for paying over the odds for something they couldn't have got easily anyway.

PersianCatLady · 01/06/2017 12:43

I once found Tesco branded yogurts in Asda, which was odd.

The reason was because the same company made this particular kind of yogurt for all of the major stores and somehow the wrong ones had gotten into Asda that time.

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