ALDI could be forced to remove a popular drink from shelves after the supermarket was accused of copying its packaging design.
Family-run cider maker Thatchers had accused the budget supermarket of mimicking the design of its cloudy lemon cider with its Taurus brand.
The Somerset-based brewer had sued the supermarket for infringement and a judge has ruled that similarities in the design suggested consumers were intend to assume “the Aldi product was like the Thatchers product, only cheaper”.
The ruling in he Court of Appeal comes despite the case being dismissed in January 2024 by the High Court when Judge Melissa Clarke concluded there was a low degree of similarity between the products and no likelihood of confusion for consumers.
In December 2024, Thatchers challenged the ruling at the Court of Appeal, and on Monday three judges allowed the appeal.
In a 40-page ruling, Lord Justice Arnold said Aldi had infringed the trademark with the design of the cans and cardboard packaging, but not the product itself.
The judges said the resemblance was clear and added: “The inescapable conclusion is that Aldi intended the sign to remind consumers of the trademark.
“This can only have been in order to convey the message that the Aldi product was like the Thatchers product, only cheaper.
“To that extent, Aldi intended to take advantage of the reputation of the trademark in order to assist it to sell the Aldi product.”
Within the conclusion the judges stressed that they did not believe Aldi intended for customers to be deceived or confused.
But, they said the supermarket had been able to achieve “substantial sales” of the cider in a short period of time “without spending a penny on promoting it”.
An Aldi spokesperson said: “We are disappointed that the Court of Appeal disagreed with the High Court in this case.
[bc_video account_id=”5067014667001″ application_id=”” aspect_ratio=”16:9″ autoplay=”” caption=”ALDI BARGAIN BUYS” embed=”in-page” experience_id=”” height=”100%” language_detection=”” max_height=”360px” max_width=”640px” min_width=”0px” mute=”” padding_top=”56%” picture_in_picture=”” player_id=”default” playlist_id=”” playsinline=”” sizing=”responsive” video_id=”6358657583112″ video_ids=”” width=”640px”]“We think the Court of Appeal’s decision is wrong and we intend to appeal.
“Aldi offers exclusive brands as low-price alternatives to more expensive branded products.
“The High Court was clear that Aldi customers know what they are buying when they shop with us.”
Martin Thatcher, fourth generation cider maker at Thatchers Cider, said: “This is a victory not just for our family business, but for all businesses whose innovation is stifled by copycats.”
He added that they were “thrilled” the court had “got to the core of the issue and cleared up any cloudy judgment”.
[authenticated-scripts src=”%3Cscript%20class%3D%22palin-poll%22%20src%3D%22https%3A%2F%2Fwww.thesun.co.uk%2Fpollingwidgets%2Fv3%2Fwidget.js%3Fquestion_id%3D103584%26game%3Dpolling%22%3E%3C%2Fscript%3E” type=”embedded” width=”100″ /]Thatchers Cloudy Lemon Cider was launched in 2020, with sales hitting £9million in the first year.
The case is not the first time Aldi has been accused of copying a rivals product.
In 2023 the supermarket giant was accused by rival M&S of ‘copying‘ the design of its light-up gin bottles.
Two years earlier M&S had accused Aldi of copying its popular Colin the Caterpillar product, resulting in a redesign by the German supermarket.
There have been fears such cases could impact products in the firm’s popular special buys range if “dupes” were considered too similar to the original items.
In a twist, earlier this year M&S was accused of ripping off the design of a small chocolate business from Somerset with its £13 Outrageously Chocolatey Custard Cream Biscuity Egg.