Athlete wins a two-year trademark fight against supermarket giants and their supplier

LONDON – August. 5, 2020 – In a fierce two-year legal battle, the High Court has found Sainsbury's, Waitrose and their supplier Scratch Meals Ltd guilty of trademark infringement and passing off. In March this year, both Sainsbury's and Waitrose agreed to be bound by the outcome of the trial against their supplier, Scratch Meals and the proceedings against them were stayed until after the trial against Scratch was heard.

Scratch Meals lost at trial on 17 June 2020 and have a judgment against them for trademark infringement and passing off. In line with the undertakings provided, this leaves both supermarket giants liable for trademark infringement and passing off alongside their supplier.

Fit Kitchen launched in 2015 as a healthy food delivery service that is run via an online platform set up by award winning London based entrepreneur, Amar Lodhia. Scratch Meal's infringed Fit Kitchen's trademark in December 2016 and started selling Fit Kitchen branded ready meals in Sainsbury’s and Waitrose from January 2017 and March 2017 respectively.

Lodhia, 36, is a former unpaid Number 10 advisor, is an athlete and former fitness model as well as an experienced businessman. He was shortlisted as one of the top eight entrepreneurs in London in 2012 by Shell LIVEwire, and has won many awards including the Ernst & Young Future 150 Social Entrepreneur of the Year award.

Mr Lodhia said: “Fit Kitchen’s mission and core purpose from inception five years ago has been to make it simple for people to lead fit and healthy lives every day and by winning this case, I have proven that size doesn’t matter, and nothing will not stop us from achieving our mission”

In the judgment, Judge Hacon referrred to 65 instances in which people mis-directed their complaints to Lodhia’s Fit Kitchen which were meant for Scratch Meals and to foreign objects (metal machine parts, glass pieces and plastic cubes) which were reported to have been found by consumers in Scratch Meal’s infringing products.

The case now proceeds to the next phase for determination of either damages or the profits made by the defendants.

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NOTES TO EDITORS:

The approved judgment against Scratch Meals Ltd can be found here: https://www.bailii.org/ew/cases/EWHC/IPEC/2020/2069.html

Fit Kitchen (www.fitkitchen.uk.com) was set up in 2015 by aesthetic bodybuilder and athlete Amar Lodhia, who as a former CEO of a national organization with a very busy schedule, faced the problem of eating in line with his training goals. Lodhia, 36, was once an obese teenager but transformed his life through healthy living and become a sports model.

Pictures of Lodhia at The Whitechapel Mission can be found here: https://drive.google.com/open?id=19yY8waRlgpsjxAG-grviENpLfE4wmGwM\

Public Relations

publicrelations@fitkitchen.uk.com

www.fitkitchen.uk.com

0208 847 1956

07777 6666 08


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