The recent Thatchers v Aldi decision has sent a zesty ripple through the Food and Drink industry and not just because it involves lemon cider. The Court of Appeal ruled in favour of Thatchers, finding that Aldi’s lookalike Taurus cider took unfair advantage of the reputation of Thatchers’ registered trade mark.
This case is a timely reminder that lookalike packaging isn’t just cheeky or a homage. It can be particularly frustrating and damaging for brand owners, who spend significant amounts of money and time on developing and promoting their products and brands.
What happened?
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Thatchers launched its cloudy lemon cider in 2020, investing heavily in distinctive branding and marketing.
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In 2022, Aldi released a similar-looking lemon cider under its TAURUS brand.
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Thatchers sued, arguing trade mark infringement and passing off. While the lower court dismissed the claims, the Court of Appeal reversed part of that decision, siding with Thatchers that there was infringement under Section 10(3) of the Trade Marks Act.
Why it matters
The Court found that Aldi’s packaging was designed to evoke Thatchers’ branding and that Aldi intended to remind consumers of the Thatchers Mark to convey that the Aldi’s cider was “like the Thatchers’ product, only cheaper”. That reminder, said the Court, was enough to constitute unfair advantage.
This ruling reinforces that:
Intent matters: Even without confusion, mimicking a brand’s “get-up” to free-ride on its reputation can be unlawful.
Trade mark scope is key: Thatchers’ success hinged on having registered the label design, not just the name.
Evidence wins cases: Sales data, marketing spend, and consumer recognition all helped prove Thatchers’ reputation.
What should brand owners do?
For food and drink businesses, especially those investing in premium positioning, this case is a wake-up call:
Register your packaging: Logos and brand names are just the start. It is important protect your label designs and distinctive elements of your overall branding.
Document your brand journey: Keep records of marketing efforts, awards, and consumer engagement.
Act early: If a lookalike hits the shelves, swift enforcement can prevent brand dilution and reputational damage.
For a more detailed anaylsis of the case and its impact, see our previous article here.
If you have any questions relating to this topic, please get in touch with Carol Nyahasha, Nora Fowler, or your usual Kilburn & Strode advisor.