Marks and Spencer PLC v Aldi Stores Limited
[2023] EWHC 178 (IPEC)
Thatchers Cider Company Limited v Aldi Stores Limited
24 January 2024
[2024] EWHC 88 (IPEC)
High Court
Thatchers Cider thought Aldi copied their cloudy lemon cider packaging. A judge looked at the packaging and decided they weren't too similar to cause confusion. So, Thatchers lost the case.
Key Facts
- •Thatchers Cider Company Ltd. (Thatchers) sued Aldi Stores Ltd. (Aldi) for trademark infringement and passing off.
- •Thatchers owns a trademark for its cloudy lemon cider.
- •Aldi launched a similar cloudy lemon cider.
- •The key dispute was whether Aldi's cider's packaging infringed Thatchers' trademark.
- •Aldi admitted using Thatchers' product as a benchmark during development but denied infringement.
- •The court found that Aldi's design was similar to Thatchers', but the similarity was low.
- •The court considered consumer perception, brand reputation, and the context of the products on shelves.
Legal Principles
Trade mark infringement under section 10(2)(b) requires use of a similar sign in relation to similar goods, causing a likelihood of confusion.
Trade Marks Act 1994
Trade mark infringement under section 10(3) requires a reputation in the UK and use of a similar sign taking unfair advantage of or causing detriment to the distinctive character or repute of the trademark.
Trade Marks Act 1994
Passing off requires goodwill, misrepresentation leading to deception, and damage.
Reckitt & Colman Product v Borden [1990]
Likelihood of confusion is assessed globally, from the perspective of the average consumer, considering all relevant factors.
Sky v SkyKick [2018], Comic Enterprises v Twentieth Century Fox Film Corp [2016]
Enhanced distinctiveness of a trademark increases the risk of confusion.
Various cases cited in sections 91-99
A defence exists if the sign is not distinctive and concerns characteristics of goods, provided it's in accordance with honest practices.
Trade Marks Act 1994
Outcomes
Thatchers' claim for trademark infringement under section 10(2)(b) and 10(3) was dismissed.
The court found low similarity between the Aldi and Thatchers packaging, no likelihood of confusion, and no unfair advantage or detriment to Thatchers' reputation.
Thatchers' claim for passing off was dismissed.
No evidence suggested consumers believed Aldi's product was connected to Thatchers.
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