Harbottle & Lewis’ Post

In a landmark ruling with far-reaching implications for intellectual property law and brand protection, the Court of Appeal has upheld Thatchers' appeal against Aldi for trade mark infringement. The court ruled that Aldi’s Taurus cloudy lemon cider closely resembled the established Somerset-based cider brand’s product, deliberately leveraging Thatchers’ reputation to achieve significant sales without comparable promotional investment.   This judgment underscores the critical role of IP rights in safeguarding innovation and ensuring fair competition. It signals a clear warning to retailers, particularly discount supermarkets, about the legal and reputational risks of employing lookalike packaging that exploits the goodwill of established brands. Industry experts have hailed the decision as a victory for innovation, emphasising its potential to strengthen protections for brands across sectors. As the line between legitimate benchmarking and unfair advantage grows increasingly fine, businesses must exercise greater caution in their product design strategies to avoid falling afoul of trade mark law. Read the full article here: https://lnkd.in/e_nVvqKD   #TrademarkLaw #IntellectualProperty #BrandInnovation #FairCompetition #LegalPrecedent #RetailIndustry #IPProtection

‼️My HLK colleague, Trade Mark Expert Rachel Hearson, provides some useful insights on the groundbreaking lookalike Thatcher’s v Aldi Court of Appeal decison! 🥸🍋 One that will give brand owners some hope for the future and serve as a incentive to make sure you have adequate trade mark protection for your branding! Why not contact one of our trade mark experts for advice on how to best protect your branding? #hlk175 #lookalikes #trademarks

Just penned an update on a very recent case from the EWCA. I have seen some commentary about how the case is groundbreaking - I am not sure that it is, as the Court applied settled principles of law. One reason for the unique outcome might be that Thatchers took the somewhat unusual step of registering the package in addition to what we would normally view as the trade mark (e.g. "THATCHERS"). In the Singapore context, even though the reputational threshold needed for a mark to benefit from "unfair advantage" protection might be much higher than in the UK, businesses should be very careful about marketing themselves or their goods and services in a way that bring to mind a famous mark. My thanks also to my colleague NICHOLAS FONG for coming up with the succinct and punchy format of the update!

In a major win for brand owners yesterday, the Court of Appeal has ruled that Aldi’s packaging for its Taurus lemon cider infringes on Thatchers’ registered trade mark for its own cloudy lemon cider product. This decision overturns a previous ruling and sends a clear message about the courts' stance on copycat products. Ben Evans, our Head of Trade Marks, comments 👇 “𝘛𝘩𝘦 𝘊𝘰𝘶𝘳𝘵 𝘰𝘧 𝘈𝘱𝘱𝘦𝘢𝘭’𝘴 𝘥𝘦𝘤𝘪𝘴𝘪𝘰𝘯 𝘪𝘴 𝘢 𝘴𝘪𝘨𝘯𝘪𝘧𝘪𝘤𝘢𝘯𝘵 𝘰𝘯𝘦 𝘧𝘰𝘳 𝘣𝘳𝘢𝘯𝘥 𝘰𝘸𝘯𝘦𝘳𝘴, 𝘸𝘩𝘰 𝘢𝘵 𝘵𝘪𝘮𝘦𝘴 𝘤𝘢𝘯 𝘧𝘦𝘦𝘭 𝘩𝘦𝘭𝘱𝘭𝘦𝘴𝘴 𝘪𝘯 𝘵𝘩𝘦 𝘧𝘢𝘤𝘦 𝘰𝘧 𝘦𝘹𝘵𝘦𝘯𝘴𝘪𝘷𝘦 𝘱𝘳𝘰𝘥𝘶𝘤𝘵 𝘤𝘰𝘱𝘺𝘪𝘯𝘨 𝘤𝘢𝘳𝘳𝘪𝘦𝘥 𝘰𝘶𝘵 𝘣𝘺 𝘴𝘶𝘱𝘦𝘳𝘮𝘢𝘳𝘬𝘦𝘵𝘴. 𝘉𝘶𝘰𝘺𝘦𝘥 𝘣𝘺 𝘵𝘩𝘦 𝘑𝘶𝘥𝘨𝘦’𝘴 𝘤𝘰𝘮𝘮𝘦𝘯𝘵𝘴 𝘢𝘯𝘥 𝘢𝘳𝘮𝘦𝘥 𝘸𝘪𝘵𝘩 𝘵𝘩𝘦 𝘳𝘦𝘭𝘦𝘷𝘢𝘯𝘵 𝘵𝘳𝘢𝘥𝘦 𝘮𝘢𝘳𝘬 𝘳𝘦𝘨𝘪𝘴𝘵𝘳𝘢𝘵𝘪𝘰𝘯𝘴, 𝘣𝘳𝘢𝘯𝘥𝘴 𝘤𝘢𝘯 𝘧𝘦𝘦𝘭 𝘮𝘰𝘳𝘦 𝘤𝘰𝘯𝘧𝘪𝘥𝘦𝘯𝘵 𝘵𝘩𝘢𝘵 𝘵𝘩𝘦 𝘤𝘰𝘶𝘳𝘵𝘴 𝘸𝘪𝘭𝘭 𝘴𝘵𝘦𝘱 𝘪𝘯 𝘵𝘰 𝘱𝘳𝘰𝘵𝘦𝘤𝘵 𝘵𝘩𝘦𝘪𝘳 𝘪𝘯𝘵𝘦𝘭𝘭𝘦𝘤𝘵𝘶𝘢𝘭 𝘱𝘳𝘰𝘱𝘦𝘳𝘵𝘺 𝘳𝘪𝘨𝘩𝘵𝘴.” Curious about what this ruling could mean for your brand? Read our full breakdown of the case via the link below. 🔗 https://lnkd.in/epP6diW9 #trademarkdispute #brandprotection #iplaw

⭐ 2025 starts with a bang in IP law with success for Thatchers against Aldi in the UK's Court of Appeal ⭐ Yesterday the UK's Court of Appeal (CoA) found against Aldi in the latest "lookalike" case, overturning the previous Intellectual Property Enterprise Court (IPEC) decision. The CoA found that Aldi's cloudy lemon cider had benefited commercially from mimicking Thatchers' reputed trade mark branding and packaging, creating a link in consumers' minds which could lead to confusion. The CoA decision is great news for brand owners who are often plagued by supermarket lookalikes and dupes, and it sends a strong message to the likes of Aldi and Lidl. However, it is unlikely to be the final nail in the coffin for lookalikes, so what can brand owners do to improve their position? Key takeaways below: 💡 The case is powerful reminder of the importance of strategic and comprehensive trade mark protection. Brand owners should obtain trade mark registrations for get-up and packaging as well as brand names and logos. 💪 Reputation is key. Brand owners must work hard to promote their brands and get-up so that they generate a reputation, as without this they are unlikely to succeed against lookalikes. ❓ Relationships between brand owners and discount retailers can be complex, with the retailers often being the customers of the brand owners. Brand owners need to somehow find a way of balancing their concerns about reputational damage and legal action with revenue streams. If you have the solution to this issue, let us know! ⚖️ Think carefully about your choice of court. The CoA decision suggests the outcome of the first decision may have been different if the hearing was longer than 2 days. This doesn't mean that the IPEC is a bad forum, but brand owners should carefully consider whether it is the best court for their case. 🍋 When life gives you lemons, don't give up! Thatchers lost first time around, but succeeded on appeal. And Aldi don't appear to be giving up anytime soon as they have already indicated to the media that they may appeal the CoA decision, so watch this space.... As always, a great summary of the dispute has been compiled by The IPKat - see the link below 👇 For advice on protecting your branding or taking action against lookalikes, contact one of HLK's trade mark experts. #hlk #hlk175 #trademarks #ip #thatchers #aldi #lookalikes

𝐀 𝐋𝐞𝐬𝐬𝐨𝐧 𝐢𝐧 𝐋𝐨𝐨𝐤𝐚𝐥𝐢𝐤𝐞 𝐓𝐫𝐚𝐝𝐞 𝐌𝐚𝐫𝐤 𝐈𝐧𝐟𝐫𝐢𝐧𝐠𝐞𝐦𝐞𝐧𝐭: 𝐓𝐡𝐚𝐭𝐜𝐡𝐞𝐫𝐬 𝐂𝐢𝐝𝐞𝐫 𝐂𝐨𝐦𝐩𝐚𝐧𝐲 𝐋𝐢𝐦𝐢𝐭𝐞𝐝 𝐯 𝐀𝐥𝐝𝐢 𝐒𝐭𝐨𝐫𝐞𝐬 𝐋𝐢𝐦𝐢𝐭𝐞𝐝 [2025] 𝐄𝐖𝐂𝐀 𝐂𝐢𝐯 5   On 20 January 2025, the Court of Appeal of England and Wales ruled that Aldi had infringed Thatchers' registered trade mark by selling cider with packaging similar to Thatchers' cider.   The Court found Aldi had taken unfair advantage of Thatchers' trade mark reputation, as the similar packaging implied Aldi’s cider was similar, yet cheaper. Importantly: • Intent to deceive wasn’t necessary • Consumer confusion wasn’t required   By adopting similar packaging which caused consumers to draw a link with Thatchers Cider, Aldi infringed Thatchers’ registered trade mark. This was even though Aldi branded its cider with a completely different name (Taurus).   𝐖𝐡𝐚𝐭 𝐚𝐛𝐨𝐮𝐭 𝐒𝐢𝐧𝐠𝐚𝐩𝐨𝐫𝐞? While similar principles apply here to prevent businesses from taking unfair advantage of trade marks, a major difference is that only trade marks which are “well known to the public at large in Singapore” (a rare and exclusive class) receive such “unfair advantage” protection. This is a much higher standard than the UK’s, which only requires that the trade mark has a “reputation” in the UK.   This case serves as a stark reminder for businesses that adopting a design resembling a well-known trade mark to ride on its fame could lead to infringement, even without intent to confuse. Businesses must tread carefully in how they market their goods and services.   For more information, please contact Basil Lee: basil.lee@helmsmanlaw.com

Helmsman LLC - Advocates & Solicitors 's #IntellectualProperty and #TMT expert, Basil Lee, shares his recent insights on this case Thatchers Cider Company Limited v Aldi Stores Limited [2025] EWCA Civ 5. Dive into the details below, or feel free to get in touch with him for a more in-depth discussion! #HelmsmanLaw #HelmsmanLegalUpdates #IntellectualProperty #TMT #PlainPracticalAdvice https://lnkd.in/ggTWFvwd

🔥Pour Decisions? When Inspiration Tastes Like Infringement – Aldi in the Dock 🍎⚖️ As someone who’s worked with many food and drink brands over the years, the Aldi question always comes up: How do they get away with it? Well, yesterday, the Court of Appeal answered - kind of?! In the latest chapter of “Aldi vs. Everyone,” the court ruled that the uncanny resemblance between Aldi’s cider branding and Thatchers couldn’t possibly be merely accidental. It’s another reminder of just how close some retailers are willing to sail to the wind to compete with bigger brands or even independent artisanal brands to jump on a piece of their pie that may have gone viral. And, the law is finally tightening the screws. 👩⚖️🪛 For brands like Thatchers, it’s a win. But for Aldi, this is just another day at the office. Their whole business model thrives on the fine line between inspiration and infringement. The challenge? Proving when “a bit inspired” crosses into “too close for comfort.” So, once again here are my key takeaways and snippets from this latest Aldi debacle: 👉 Your trade mark is your fortress. If it’s not registered or strong enough, another individual or a big company (like Aldi) might just stroll right through the gates. 👉 Consumers matter. The law wants proof that people are confused or that someone’s taking unfair advantage. However, it is not always as simple as it looks😕 👉 Pick your battles wisely. Not every lookalike fight is worth it. But when it is, today’s ruling shows courts are willing to listen. What do you think? Are Aldi’s tactics smart business or borderline cheeky? Let’s hear your take. 🍏🍺 https://lnkd.in/etHBPuDp #Brandwars #Trademarktalk #AldivsThatchers #IPLaw #BrandIdentity #Trademarkinfringement

Is it the end of Aldi's 'dupe' marketing model?🤔 The Court of Appeal dealt a major blow to Aldi as it ruled against the retailer in its long-running trade mark battle with cider brand Thatchers. Thatchers is just one of many companies that have challenged Aldi, but where many have failed, Thatchers has seemingly succeeded. To read about the case, what we can learn from it, and how you can check your own intellectual property rights are protected, click here 👉https://ow.ly/Er7R50UMowz

🚨 Big Win for Brand Owners in the Fight Against Lookalike Products! 🚨 Thatchers has secured a major victory in the Court of Appeal, overturning an earlier decision by the Intellectual Property Enterprise Court (IPEC) that dismissed its claims against Aldi’s Taurus Cloudy Lemon Cider. The Court found that Aldi’s packaging unfairly took advantage of the reputation of Thatchers’ Cloudy Lemon Cider, violating trade mark law under s.10(3) of the Trade Marks Act 1994. Key Takeaways: - The Court of Appeal ruled that Aldi intentionally designed its packaging to remind consumers of Thatchers' cider, profiting from Thatchers’ branding and investment without fair competition. - Aldi's defense of “honest commercial practices” under s.11(2)(b) was rejected, with the Court concluding that Aldi’s conduct fell short of acceptable standards. - This decision highlights the importance of registering trade marks for product packaging and labels, not just logos and names, as a strong defense against lookalike products. This ruling is a significant boost for brand owners, reaffirming that trade marks can effectively protect against unfair competition. However, the case may not be over yet, as a further appeal to the Supreme Court could follow. A great reminder for businesses: invest in your brand, and protect it! 💼✨ #BrandProtection #TradeMark #IntellectualProperty #BusinessStrategy #LegalUpdates