Dec 19, 2022

Copying: It's an Aldi thing?

Back in February, we reported on the heavily publicised Caterpillar dispute between supermarket giants Aldi and Marks & Spencer. The supermarkets have been back in court this month over further infringement of intellectual property rights, this time over a gin liqueur bottle.

Marks and Spencer sued Aldi for alleged registered design right infringement of the light-up festive gin bottles. Marks and Spencer’s bottles feature incorporated gold flakes, a silhouette design and an interactive light feature and argue Aldi’s bottle, which showcased a festive design and also contained gold flakes and a light-up function, infringes its rights.

Marks and Spencer claim the case is clear cut in that Aldi’s bottle clearly infringes its registered design rights. Aldi defended the claim, arguing that whilst they possessed an array of freedom when creating the design, they were limited in regard to the light fitting, the print area and the gold flakes.

Marks and Spencer are seeking injunctive relief and damages. It is to be seen which way the court’s decision will sway.

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.

in: Case Law, Companies, Consumer Law, Designs, Legal News, News

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