Aldi Loses Again: Court of Appeal Validates British Retailer M&S’s Triumph in Legal Battle Over Copycat Gin Design
Marks & Spencer’s claim that fellow multinational supermarket chain Aldi copied the design of its holiday light-up gin liqueur bottles is confirmed once again in court. (Photo: M&S)
The Court of Appeal has upheld a decision by the High Court that Aldi infringed on British supermarket chain Marks & Spencer’s (M&S) registered designs for a range of gin-based liqueurs. As reported by The Grocer on Tuesday, the ruling stated that Aldi’s version of the product did not create a sufficiently different overall impression compared to M&S’s, which is a key test in design infringement claims.
The dispute first arose in December 2021, when M&S accused Aldi of copying the design of its light-up gin snowglobe liqueur bottles. M&S introduced the festive gin bottles in Christmas 2020, while Aldi launched a strikingly similar product in 2021. Both bottles featured silhouetted holiday graphics, wooden cork stoppers, floating gold flakes and a light-up button.
Aldi’s wintery gin liqueur product from its own-label brand, The Infusionist. (Photo: Aldi)
The court ruled on Jan. 31, 2023, that Aldi had indeed infringed on M&S’s registered designs, meaning Aldi may have to pay damages or pass on profits from the product’s sales. Consequently, Aldi was prohibited from further sales of the light-up gin liqueur. Following its initial loss, Aldi announced plans to appeal the decision, expressing disappointment and emphasizing its commitment to offering quality products at affordable prices.
The Court of Appeal has now concurred with the initial ruling, affirming Aldi’s loss in the appeal and upholding M&S’s claim. This decision was rendered by the Intellectual Property Enterprise Court, a branch of the High Court, which validated the previous judgment and found no errors in the High Court judge’s conclusion that Aldi’s product closely resembled that of M&S.
M&S welcomed the decision, according to The Grocer, emphasizing the importance of innovation and the defense of intellectual property rights.
“We love to innovate for our customers and we’re proud of our suppliers who help us bring exciting new products to market every year,” he explained, per the report. “That’s why we take intellectual property seriously and will always defend our rights against infringement – companies that seek to copy rather than innovate harm hundreds of small suppliers who have invested in innovation to grow their business.”
Meanwhile, an Aldi spokeswoman expressed disappointment with the judgment.
“We are disappointed with this judgement and are considering our position, as we still believe there is no merit in the case put forward by M&S,” she said. “We will continue to innovate and develop exciting, high quality products for our customers.”
Legal experts, including Richard May from Osborne Clarke and Louise Popple from Taylor Wessing, commented on the significance of the ruling. May highlighted that registered designs provide useful protection against lookalike products, while Popple noted that M&S’s bottle design was considered novel, and the court found Aldi’s design to be too close.
John Coldham, an IP partner at Gowling WLG, emphasized the underused potential of registered design protection in combating copycat products.
“I hope it reminds brand owners to consider design law more carefully when developing their brand protection strategies,” he added.
In January, Aldi emerged triumphant at the World Gin Awards 2024, with its Haysmith’s Seville Orange & Persian Lime Gin clinching the “Best in Country” accolade.
On Tuesday, it was announced that classical singer and Cygent Gin founder Katherine Jenkins OBE will make an in-store appearance at a Marks & Spencer store in Cardiff on March 1 from 3-5 p.m. The exclusive event celebrates the gin’s recent listing across Marks & Spencer Welsh stores — and St. David’s Day, the national day of Wales.
Read next:
Classical Singer Katherine Jenkins to Host Exclusive Cygnet Gin Event at This Supermarket
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