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| Thatchers Cider claims latest victory in Aldi lookalike dispute | |
| (21 days later) | |
| The case has now been heard twice in the courts | The case has now been heard twice in the courts |
| Cider producer Thatchers has successfully won an appeal in a long-running trademark battle with supermarket chain Aldi. | Cider 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". | 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. | 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. | 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. |
| The products were launched two years apart | The products were launched two years apart |
| 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. | 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". | 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 its "sign", referring to the imagery on the product's packaging. | And in the latest ruling from the Court of Appeal, Lord Justice Arnold said Aldi had infringed Thatchers' trademark with its "sign", referring to the imagery on the product's packaging. |
| 'Intended to take advantage' | 'Intended to take advantage' |
| He added: "The inescapable conclusion is that Aldi intended the sign to remind consumers of the trademark. | 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. | "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. " | "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". | 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 said the ruling was a 'victory' for family businesses | Martin Thatcher said the ruling was a 'victory' for family businesses |
| 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." | 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". | 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. | 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. | "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. | "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." | "The High Court was clear that Aldi customers know what they are buying when they shop with us." |
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