English cider producer Thatchers has returned to court, seeking to challenge a decision that cleared Aldi of breaching its cloudy lemon cider trademark.
The legal dispute came to light in November 2023 when Thatchers accused Aldi, a discount supermarket, of gaining an unfair edge by replicating its cider product’s taste and appearance. However, in a ruling made earlier this year, the High Court sided with Aldi, citing ‘no likelihood of confusion’ between Thatchers’ cider and Aldi’s Taurus cider.
Following this decision, an Aldi spokesperson described the judgement as ‘clear-cut,’ asserting that their exclusive brands, known for high quality and competitive pricing, remain exclusive to Aldi. This sentiment was echoed despite Thatchers’ contention regarding the similarity in their product lines.
Judge Melissa Clarke, who presided over the case, noted the ‘low degree of similarity’ in the packaging of Aldi’s lemon cider compared to Thatchers’. The case also highlighted other existing lemon-flavoured beverages with analogous packaging designs, including Alaska cloudy Sicilian lemon premium cider and Somersby Citrus apple cider.
In response to the initial verdict, Thatchers has now escalated the matter to the Court of Appeal. Mary Bagnall, head of intellectual property at Charles Russell Speechlys, commented on the difficulty of appeals in such cases. She pointed out that the Court of Appeal is typically restricted to intervene only if the original judge’s conclusions were unsupported or legally flawed.
Bagnall further remarked on the potential re-evaluation of whether inconsistencies were present between the trial findings and the arguments presented. She stressed the importance for brand owners to meticulously protect intellectual property when launching new products, ensuring that trademarks and designs adequately shield essential elements of their packaging.
As the appeal process unfolds, the outcome will be a crucial consideration for brand protection strategies in the industry.
