Clifford Chance
Aldi's permission to appeal denied in Thatchers' case
The Supreme Court has denied Aldi permission to appeal the Court of Appeal's decision in the Thatchers vs Aldi trade mark dispute, leaving the lower court's ruling intact.
Earlier this year, the Court of Appeal had determined that Aldi's use of similar branding elements in its Taurus Cloud Cider was likely to cause consumer confusion, and thereby infringing Thatchers' registered trade mark for its own Cloudy Lemon Cider. The Supreme Court's decision brings to an end this long running and public lookalike products case, and means the Court of Appeal judgment is now final.
With the certainty of this decision, it is even more important for brand owners, particularly those in the consumer goods space, to consider the learnings from the judgment. The decision underscores the importance of maintaining a robust trade mark portfolio and monitoring programme to help protect brand identity, and provides a roadmap to others looking to take action. While the ruling may not spell the end of all lookalike products in the market, it is a powerful warning about encroaching too close to an established brand.
Read our full analysis of the Court of Appeal decision: Defending brand identity: lessons from the Thatchers vs Aldi trade mark ruling
