Fans of Kylie Minogue’s sparkling rosé have spotted a new dupe being sold by Aldi this week. It is now being rumoured that the team at Kylie Minogue Wines is considering taking infringement action against Aldi for trade mark infringement.
Kylie released her wine brand Kylie Minogue Wines (KMW) in 2020 which sells a range of different wines including prosecco, white, rosé and various non-alcoholic options. KMW owns a trade mark for the shape of their sparkling rosé bottle, which features the brand’s logo. Aldi have recently released Rosalie Cotes De Provence Rosé, which features a strikingly similar shaped bottle and logo to the KMW design.
If the team at KMW decides to go ahead with any action, they will need to prove that the Aldi version is either confusingly similar or that it benefits from KMW’s reputation. Further action against Aldi would add to its mounting portfolio, which currently includes disputes with M&S and Thatchers Cider, which have gathered significant media coverage.
Aldi are not afraid to comment on their legal battles on social media. Since rumours of a potential KMW action started to circulate, Aldi have already taken to X (formerly Twitter) to boast about the similarities between their sparkling rosé and KMW’s sparkling rosé, as reported by a wine expert. Even if they do end up in a legal battle, Aldi’s marketing team will no doubt use social media in an attempt to spin this in a positive light.
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.