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Back in November, we reported on the dispute between popular Somerset based cider maker, Thatchers, and German supermarket giant, Aldi. Thatchers issued proceedings against Aldi for alleged trade mark infringement over its cloudy lemon cider. Judgment has since been handed down in favour of Aldi.

Thatchers argued that Aldi’s Taurus cider copied both the taste and appearance of its own cloudy lemon cider. Thatchers claimed this gave Aldi an unfair advantage. Notwithstanding that, on 24 January, judgment was handed down in favour of Aldi as the judge ruled there is “no likelihood of confusion” between the two products and subsequently ruled to dismiss Thatchers’ claim.

The court did recognise that Aldi had taken some inspiration from the Somerset based market leader, for example in relation to the use of lemons on their packaging. However, it was ultimately found that Aldi had developed a product which was a “safe distance” from that of Thatchers.

A representative for Aldi has stated “there’s nothing cloudy about this judgement. It’s clear cut. Aldi exclusive brands are just that: exclusive to Aldi”. Aldi will no doubt be elated with this decision given the supermarket has previously been subject to a number of infringement allegations, such as its recent design right infringement matter with M&S.

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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