Supermarket set to appeal
In the latest instalment of the Thatchers v Aldi cider copycat trial, Thatchers have come up trumps, winning against the supermarket chain in the Court of Appeal.
Somerset-based cider company, Thatchers, filed a lawsuit against Aldi back in 2022, alleging that the supermarket chain had “copied” the taste and appearance of its Cloudy Lemon Cider.
By launching its Taurus drink, Aldi was accused by Thatchers of “riding on the coattails” of its established reputation.
In January, the High Court in London dismissed Thatchers’ case, but not before the judge was given a sample from both parties. In the initial ruling, Judge Clarke found a low level of similarity between the products and concluded there was no likelihood of consumer confusion.
However, after appealing the decision, the cider maker has come out on top of the barrel. The recent hearing resulted in a judge ruling in the cider maker’s favour.
In the Court of Appeal decision, Lord Justice Arnold determined that Aldi had infringed Thatchers’ trademark concerning its “sign,” referencing the imagery on the product’s packaging.
An Aldi spokesperson expressed disappointment with the Court of Appeal’s decision, stating:
“Aldi provides exclusive brands as low-cost options to more expensive branded products. The High Court was clear that Aldi customers know what they are buying when they shop with us.”
Meanwhile Martin Thatcher, a fourth-generation cidermaker from Thatchers Cider, described the outcome as “a victory not only for our family-run business but for all companies whose innovation faces threats from imitators.” He said Thatchers was “thrilled” that the court had “got to the core of the issue and cleared up any cloudy judgment.”
Aldi intends to appeal.
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