Thatchers takes Aldi to court after 'irrational' ruling that supermarket didn't infringe its trademark for rival cider product
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The Somerset-based drinks firm Thatchers has lodged an appeal against a high court ruling dismissing its claim that the discount supermarket chain Aldi 'copycatted' the British firm's cloudy lemon cider. In January of this year, Thatchers sued the German multinational for alleged copyright infringement, claiming that Aldi's Taurus brand emulated the 'taste and appearance' of its product.
![[In a January high court ruling, Judge Melissa Clarke concluded that there was little similarity between the products, with customers unlikely to confuse the two brands]](https://i.dailymail.co.uk/1s/2024/12/18/09/93266889-14205025-image-a-12_1734514463229.jpg)
The high court case was dismissed, with Judge Melissa Clarke concluding that there was little similarity between the products, with customers unlikely to confuse the two brands. But Thatchers, who claimed that Aldi gained 'an unfair advantage' by copying its packaging, effectively piggybacking off its own marketing efforts, took their case to the court of appeal on Tuesday.
![['This a case where the court of appeal can justifiably interfere with the judge's findings at first instance, and should do so,' said Martin Howe KC, acting for Thatchers]](https://i.dailymail.co.uk/1s/2024/12/18/09/93267179-14205025-image-a-13_1734514647548.jpg)
'This a case where the court of appeal can justifiably interfere with the judge's findings at first instance, and should do so,' Martin Howe KC, acting for Thatchers, argued in written submissions. 'Her judgment contains conclusions that are not rationally supportable and her overall finding that there was no unfair advantage is predicated on errors of principle.
'Accordingly, and notwithstanding the high threshold for interference, Thatchers respectfully say this is a case where such interference is both appropriate and necessary, and request therefore that its appeal be allowed.'. Howe argued at January's high court hearing that there was 'a real risk' of consumers purchasing the Aldi product unintentionally, 'plonking it in their trolley thinking it is the Thatchers product’.
