The Somerset-based brewer had sued the supermarket for the infringement, claiming that Aldi’s Taurus brand had copied its product
Thatchers has won a trademark battle with Aldi over its cloudy lemon cider at the Court of Appeal.
The Somerset cider maker had accused the supermarket giant of mimicking its product with Aldi’s Taurus brand. Initially, Thatchers’ complaint was dismissed by the High Court in London last January, when Judge Melissa Clarke ruled that there was only a slight resemblance between the products and no real risk of customer confusion.
However, Thatchers took their grievance to the Court of Appeal in December. On Monday, the appeal was upheld by three judges. In a detailed 40-page decision, Lord Justice Arnold stated that Aldi had indeed infringed on the trademark concerning the imagery on the cans and the cardboard packaging for the four-can pack, but not the Aldi product itself.
Alongside Lord Justice Phillips and Lady Justice Falk, Lord Justice Arnold declared: “In my judgment, it is plain from a comparison between the sign and the trademark that the former closely resembles the latter.”
He further remarked: “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”.
The judge continued that Aldi was able to achieve “substantial sales” of the cider in a short period of time “without spending a penny on promoting it”.
Lord Justice Arnold said that in the absence of evidence that Aldi would have achieved equivalent sales of the Aldi product without use of the sign, “it is a legitimate inference that Aldi thereby obtained the advantage from the use of the sign that it intended to obtain”.
He said it was an “unfair advantage” because it enabled Aldi to profit from the drinks firm’s investment in developing and promoting the Thatchers product.
An Aldi 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.”
Martin Thatcher of Thatchers Cider said: “This is a victory not just for our family business, but for all businesses whose innovation is stifled by copycats.” He also commended the court’s clarity, expressing relief that they were “thrilled” with a verdict that “got to the core of the issue and cleared up any cloudy judgment.”
