Welcome to Reflections from the Nest; a series in which the Springbird team takes a deep dive into recent case-law and topics of interest in the IP world. In our first ever article, hot on the heels of the recent Thatchers v Aldi decision, we are taking a look at dupe culture and the impact this decision may (or may not) have on increasingly popular dupe brands and products.
The Thatchers win against Aldi regarding its lookalike cider product has sparked major debate about the future of dupe culture. Aldi’s Taurus Cloudy Lemon Cider was found to imitate Thatchers’ Cloudy Lemon Cider, giving Aldi an unfair advantage. But what does this landmark case mean for brands, consumers, and the future of 'just like the brand' products?
The dichotomy of dupe culture means consumers love dupes for affordability, but where’s the line between fair competition and infringement? Imitating quality is one thing, but copying design can lead to legal trouble – as this case highlights.
The protection of Thatchers’ packaging played a vital role in the court awarding the win, highlighting that proactively protecting your packing via trade marks can be critical.
While this decision is an initial win for brand-holders, there are questions that remain: can other brands benefit from this precedent? And will it shift dupe culture from 'just like the brand' to 'almost like the brand'?
At Springbird, we help you protect what’s yours and navigate the fine line between inspiration and infringement. We work with both up-and-coming brands and established leaders, and we're here to guide you through the complexities of IP and dupe culture.
Find our full article in the comments, and if you want to know more about how we can help you, let's talk!
#Springbird #IPLaw #DupeCulture #IntellectualProperty #ThatchersVAldi
I craft brands & packaging that live rent-free in your customer’s mind 🧠 | Strategy-first, Design-second | Founder @ Chapter Red Designs
2moLove this one!