The ongoing legal battle between Thatchers and Aldi has taken a new turn as Thatchers seeks to overturn a previous court ruling in Aldi’s favour.
The dispute between Thatchers, a renowned cider producer, and Aldi, a leading discount supermarket, centres around trademark claims related to Thatchers’ cloudy lemon cider. This legal quarrel first emerged in the High Court in November 2023 when Thatchers alleged that Aldi had gained ‘unfair advantage’ by imitating the cider’s taste and appearance.
In January, the High Court ruled against Thatchers, stating there was ‘no likelihood of confusion’ between Thatchers’ product and Aldi’s Taurus cider. A spokesperson for Aldi responded, emphasising the definitive nature of the judgement, asserting that Aldi’s brands remain exclusive while maintaining leadership in quality and price.
Despite the setback, Thatchers is now aiming to reverse this decision by taking the case to the Court of Appeal. The previous ruling by Judge Melissa Clarke found that Aldi’s lemon cider packaging exhibited only a ‘low degree of similarity’ to that of Thatchers. The judgement also referenced other third-party lemon-flavoured beverages with comparable packaging, such as the Alaska cloudy Sicilian lemon premium cider and Somersby Citrus apple cider.
Mary Bagnall, head of intellectual property at Charles Russell Speechlys, commented on the appeal, describing such cases as challenging. She highlighted that the Court of Appeal might only intervene if there are insupportable judicial findings or legal errors. Bagnall stressed the importance for brand owners to meticulously navigate intellectual property protections when launching new products, ensuring that packaging designs are sufficiently safeguarded.
As the appeal progresses, the decision will be closely monitored by both legal professionals and industry observers, given its potential implications for trademark disputes in the FMCG sector.
