Aldi has been blocked in its bid to appeal a Court of Appeal ruling in respect of the budget supermarket’s long-running trade mark battle with Thatchers over their respective cloudy lemon ciders.
Thatchers issued proceedings against Aldi following the launch of Aldi’s allegedly infringing ‘Taurus’ cloudy lemon cider in 2022. In January 2024, High Court judge Melissa Clarke found that Aldi had not, in fact, infringed Thatchers’ mark, suggesting Aldi’s branding was not sufficiently similar to the mark and that there was no likelihood of confusion between the two brands.
That decision was appealed by Thatchers, with the Court of Appeal allowing the appeal and finding that Aldi had indeed infringed the mark, overruling the earlier decision. Following Lord Justice Arnold’s decision in January 2025, an Aldi spokesperson confirmed its intention to appeal the subsequent ruling, claiming the decision was “wrong”.
As it has now transpired, Aldi’s appeal is dismissed and the decision in Thatchers’ favour will stand. If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
