UK Retailer M&S Wins Lengthy Court Battle Against Aldi Over ‘Instagrammable’ Gin Bottles

Marks & Spencer’s gold flake, light-up gins (pictured) have been called “very Instragrammable” while Aldi is accused of copying the product’s design. (Photo: Marks & Spencer)

U.K. retailer Marks & Spencer has won a lengthy court battle against international supermarket chain Aldi over a particularly trendy gin bottle design.

The lawsuit was first filed in December 2021 after M&S accused Aldi of copying the design of its light-up gin liqueur bottles, which the latter denies.

M&S launched the boozy product in Christmas 2020 as part of its “Gin Globes Project.” Aldi then launched a gin liqueur in 2021 that M&S argued was “strikingly similar” to its own holiday snow globe gin.

Aldi’s wintery gin liqueur product from its own-label brand, The Infusionist. (Photo: Aldi)

Both gins are packaged in bell-shaped bottles decorated with holiday silhouette graphics and wooden cork stoppers. Additionally, each product features gold flakes that become suspended when the bottle is shaken and — arguably the most important feature — a button on the bottom that lights up the gin when pressed.

M&S’s gold flake liqueur launched with clementine and rhubarb flavors, while Aldi’s gins came in blackberry and clementine.

The Court’s Decision

The High Court ruled on Jan. 31 that Aldi had infringed on the registered designs of M&S’ light-up gin bottles, meaning Aldi may have to pay damages or pass on profits from the product’s sales.

“We are pleased with the judgement, which demonstrates the importance of protecting our innovation,” an M&S spokesperson shared, per the Spirits Business. “For over 138 years customers have turned to M&S for unique, original, quality products – conceived, created and developed by us working with our trusted suppliers and produced to the highest standards.”

“Like many other UK businesses, large and small, we know the true value and cost of innovation and the enormous time, passion, creativity, energy and attention to detail that goes into designing, developing and bringing a product to market.”

According to the Spirits Business, Aldi plans to appeal the decision.

“We are disappointed with this judgement and will be appealing the decision. Aldi is committed to offering customers the highest quality products, at the lowest possible prices,” an Aldi Spokesperson said, per the report.

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