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A trade mark dispute between Somerset based cider maker, Thatchers, and German supermarket giant, Aldi, for alleged trade mark infringement has reached trial before a UK High Court.

Thatchers claim Aldi has taken an unfair advantage through copying its cloudy lemon cider in “both taste and appearance”. Thatchers argue that Aldi’s Taurus cider will likely “misrepresent to consumers some commercial connection to Thatchers”. As such, a representative for Thatchers invited the Judge to a blind taste test of the respective drinks.

Thatchers claim their drink was developed through extensive market research, having claimed to have spent £3 million on marketing between 2020 and 2022. They go on to argue that Aldi’s high volume of sales “can only have been achieved by reason of Thatchers’ investment in the Thatchers product.”

Aldi contend the claim should be dismissed in its entirety and deny any wrongdoing on the basis the respective products are well distinguishable from each other.

This isn’t the first time Aldi has been accused of such acts, it recently lost a court battle with Marks and Spencer’s for alleged design right infringement. It is to be seen in whose favour the court will rule.

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.

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