In price wars, events move quickly. In almost less time than it takes to repeat the supermarket’s slogan ‘that’s Asda-price’ – or the ubiquitous ‘Should have gone to Specsavers’ – the fight between the two retailers moved to the High Court this week.

At the hearing, brought by Specsavers against the supermarket’s latest optical marketing blitz, Mr Justice Kitchin was told that Asda could not fight the legal case prepared against its ‘spec saver’ advertising due to a bizarre corporate practice which would see its lawyers stacking shelves in the run-up to Christmas. The trial is now ordered to be sometime after April 13.

Specsavers claimed a partial victory following the hearing with marketing director Richard Holmes commenting: “We are very pleased that Asda has now agreed in court to remove any reference to being a ‘spec saver’ from any of their advertising as soon as possible and that the judge has ordered that an expedited trial should take place in April.”

Specsavers is suing the supermarket over its new Asda Opticians logo, claimed to resemble the Guernsey-based business’ own, as well as the supermarket’s advertising slogan on its website, Twitter page, and in-store. It also wanted a much earlier case, but that was before Mr Justice Kitchin was told that lawyers from Asda and the City firm Pinsent Mason would be too busy elsewhere.

According to court reports, Adrian Speck, counsel for Specsavers said Asda’s stance was: “They’re really rather busy, the lawyers are stacking tomatoes.” And he added: “I haven’t asked my learned friend what day he’s on the checkout.”

Responding, Asda’s counsel, Hugo Cuddigan said: “My learned friend may pour scorn on the policy of having executives work on the shop floor, but that is how it does work.”  

And, he added, that to defend the case properly Asda wanted to survey its consumers to discover whether they are confused by the new logo and slogan, and this would be difficult over the busy Christmas period.

The court also heard that the supermarket has no plans to use ‘Be a real spec saver at Asda’ slogan on its advertising after this week but did intend to go on using the new logo in its stores and online.

Mr Speck accused Asda of preparing a new slogan: ‘Should have gone to Asda’, but Mr Cuddigan denied it.

Mr Speck also told the judge that since the trial will be three months later than Specsavers wanted it to be, the company might seek to apply for an interim injunction that could block Asda from using its controversial logo pending the resolution of the trial.  

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