ThatchersCider producer Thatchers has successfully won an appeal in a long-running trademark battle with supermarket chain Aldi.
The Somerset company sued the supermarket chain in 2022 over claims Aldi had “copycatted” its Cloudy Lemon Cider in “taste and appearance”.
Thatchers claimed Aldi’s Taurus drink, released in 2022, had been “riding on the coat-tails” of Thatchers’ reputation.
Last January the High Court in London dismissed Thatchers’ case, but the latest hearing has led to a judge ruling in Thatchers’ favour. Aldi has said it will appeal.
In the January ruling, Judge Melissa Clarke concluded there was a low degree of similarity between the products and no likelihood of confusion for consumers.
Thatchers had claimed Aldi was “misleading shoppers to believe that the ciders are the same, or in some way linked”.
And in the latest ruling from the Court of Appeal, Lord Justice Arnold said Aldi had infringed Thatchers’ trademark with regards to its “sign”, referring the imagery on the product’s packaging.
‘Intended to take advantage’
He added: “The inescapable conclusion is that Aldi intended the sign to remind consumers of the trademark.
“This can only have been in order to convey the message that the Aldi product was like the Thatchers product, only cheaper.
“To that extent, Aldi intended to take advantage of the reputation of the trademark in order to assist it to sell the Aldi product. “
He added the fact that “Aldi did not intend consumers to be deceived, or even confused, as to the trade origin of the Aldi product does not detract from this”.
Martin Thatcher, a fourth-generation cidermaker at Thatchers Cider, said: “This is a victory not just for our family business, but for all businesses whose innovation is stifled by copycats.”
He added that Thatchers was “thrilled” the court had “got to the core of the issue and cleared up any cloudy judgment”.
An Aldi spokesperson said: “We are disappointed that the Court of Appeal disagreed with the High Court in this case.
“We think the Court of Appeal’s decision is wrong and we intend to appeal.
“Aldi offers exclusive brands as low-price alternatives to more expensive branded products.
“The High Court was clear that Aldi customers know what they are buying when they shop with us.”