Cidermaker wins appeal in ‘lookalike’ dispute
thatchersCider maker Thatchers has successfully won an appeal in its long-running trademark battle with supermarket chain Aldi.
The Somerset company sued the supermarket chain in 2022, claiming that Aldi had “copied” its Cloudy Lemon Cider in “taste and appearance”.
Thatcher claimed that Aldi’s Taurus drink, released in 2022, was “riding on the coat-tails” of Thatcher’s reputation.
High Court in London last January Thatcher’s case dismissedBut in the latest hearing a judge ruled in Thatcher’s favor. Aldi has said it will appeal.
In the January ruling, Judge Melissa Clark concluded that there was little similarity between the products and no likelihood of confusion for consumers.
Thatchers claimed that Aldi was “misleading shoppers into believing that the ciders were the same, or linked in some way”.
And in the latest Court of Appeal ruling, Lord Justice Arnold said Aldi had infringed Thatcher’s trademark in relation to its “mark”, referring to the imagery on product packaging.
‘Intent to take advantage’
He added: “The inevitable conclusion is that Aldi intended to remind consumers of the trademark.
“It may simply have been to convey the message that the Aldi product was like a Thatcher product, only cheaper.
“To that extent, Aldi intended to take advantage of the reputation of the trademarks to assist in selling the Aldi product.”
He added the fact that “Aldi did not intend to deceive or even confuse consumers, as the trading origin of an Aldi product does not detract from this”.
Martin Thatcher, fourth generation cider maker at Thatchers Cider, said: “This is a win not only for our family business, but for all businesses whose innovation has been stifled by imitators.”
He said the Thatchers were “thrilled” that the court “got to the heart of the issue and clarified any unclear decisions”.
A spokesperson for Aldi said: “We are disappointed that the Court of Appeal disagrees with the High Court in this case.
“We feel the decision of the Court of Appeal is wrong and we intend to appeal.
“Aldi offers specialty brands as a lower priced alternative to more expensive branded products.
“The High Court was clear that Aldi customers know what they are buying when they shop with us.”
