“There’s nothing cloudy about this judgement,” an Aldi spokesperson stated, accepting the judge’s ruling. It is unambiguous.”
The German discount chain was sued by the Somerset-based cider maker for allegedly violating the trademark of its Thatchers Cloudy Lemon Cider.
The supermarket, it was argued, had obtained a “unfair advantage” by imitating the drink’s “taste and appearance”.
However, a judge dismissed the case on Wednesday.
Thatchers introduced the alcoholic beverage with a cloudy lemon flavor in February 2020, and Aldi debuted its Taurus Cloudy Lemon Cider in May 2022.
During a November trial in London, Thatchers’ attorneys contended that the Taurus beverage was “likely to misrepresent to consumers some commercial connection to Thatchers”.
Although Aldi acknowledged using Thatchers’ product as a “benchmark,” it denied violating any intellectual property rights and refuted claims that it was “passing off” the rival company’s product as its own.
Although there was a “low degree of similarity” between the products, Judge Melissa Clarke added that there was “no likelihood of confusion” for customers.
She continued by saying that the reputation of the Thatchers trademark had not been “detrimental” or subjected to unfair advantage by Aldi’s Taurus drinks.
Judge took part in blind taste test
Ms. Clarke performed a blind taste test of the two drinks to aid in her decision-making, and although she made it clear that she was “no expert,” she “found the taste of the two products to be very similar” and came to the conclusion that they are different.
After the decision, Martin Thatcher, a fourth-generation cider maker at the family business, stated: “We still think that taking this action was the right thing to do, even though the decision did not go our way.
“We care about creating the perfect cider and thanks to a proud history of four generations of expert cider makers innovating and investing, we have done just that.”
Conversely, an Aldi representative declared: “This decision is clear-cut. It is unambiguous. Aldi-only brands are precisely that—exclusive to Aldi and at the forefront of the market for both price and quality.”
This disagreement arises at the same time that the German chain is facing legal action from Marks and Spencer for allegedly stealing its illuminated Christmas gin bottles.
A decision regarding Aldi’s appeal of a High Court ruling that it violated M&S’s design is anticipated soon.
