Aldi could be forced to remove popular drink from shelves after supermarket accused of copycat design
Share:
ALDI could be forced to remove a popular drink from shelves after the supermarket was accused of copying its packaging design. Family-run cider maker Thatchers had accused the budget supermarket of mimicking the design of its cloudy lemon cider with its Taurus brand.
![[Four-pack of Taurus Cloudy Cider Lemon.]](https://www.thesun.co.uk/wp-content/uploads/2025/01/image_93bf46.png?strip=all&w=960)
The Somerset-based brewer had sued the supermarket for infringement and a judge has ruled that similarities in the design suggested consumers were intend to assume “the Aldi product was like the Thatchers product, only cheaper”. The ruling in he Court of Appeal comes despite the case being dismissed in January 2024 by the High Court when Judge Melissa Clarke concluded there was a low degree of similarity between the products and no likelihood of confusion for consumers.
![[Four cans of Thatchers Cloudy Lemon Cider.]](https://www.thesun.co.uk/wp-content/uploads/2025/01/image_1d3bb6.png?strip=all&w=960)
In December 2024, Thatchers challenged the ruling at the Court of Appeal, and on Monday three judges allowed the appeal. In a 40-page ruling, Lord Justice Arnold said Aldi had infringed the trademark with the design of the cans and cardboard packaging, but not the product itself.
The judges said the resemblance was clear and added: “The inescapable conclusion is that Aldi intended the sign to remind consumers of the trademark. “This can only have been in order to convey the message that the Aldi product was like the Thatchers product, only cheaper.
“To that extent, Aldi intended to take advantage of the reputation of the trademark in order to assist it to sell the Aldi product.”. Within the conclusion the judges stressed that they did not believe Aldi intended for customers to be deceived or confused.
