Thatchers takes battle with Aldi over cider trademark to Court of Appeal
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Drinks company Thatchers has launched a bid to overturn a High Court ruling that denied its claims Aldi "copycatted" its cider. The Somerset-based cider maker sued the German discount chain for allegedly infringing the trademark of its cloudy lemon cider.
It argued Aldi's Taurus brand had copied its product. However, in January the High Court in London dismissed Thatchers' case. Judge Melissa Clarke concluded there was a low degree of similarity between the products and no likelihood of confusion for consumers.
To help form her judgment she conducted a blind test of the two products and concluded they were different, despite making it clear she was "no expert" and "found the taste of the two products to be very similar". On Tuesday, Thatchers went to the Court of Appeal to challenge the ruling.
Martin Howe KC, for Thatchers, said in written submissions: "This a case where the Court of Appeal can justifiably interfere with the judge's findings at first instance, and should do so. "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.". Mr Howe said there was no explanation in the judge's reasoning as to "why it was not to be expected that Aldi would gain an advantage as a result of the link she had held would arise in the minds of consumers".
