Drinks firm Thatchers is trying to overturn a ruling in which it lost a High Court trademark battle with supermarket chain Aldi over rival cider products.
The Somerset-based brewer sued the supermarket for allegedly infringing the trademark of its cloudy lemon cider, claiming that Aldi’s Taurus brand had copied its product.
However, in January this year the High Court in London dismissed Thatchers’ case, with Judge Melissa Clarke concluding there was a low degree of similarity between the products and no likelihood of confusion for consumers.
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 also said there is 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”.
Michael Edenborough KC, for Aldi, told Lord Justice Arnold, Lord Justice Phillips and Lady Justice Falk that it was not up to the court to interfere with findings of fact.
He added: “We say that she (judge) reached the right conclusions based on the evidence that was before her.”
Mr Edenborough also told the court: “They (Aldi) try to act within the law at all times.
“The way in which this has manifested itself is that there was no intention to benefit from the goodwill or the reputation.”
He added that Aldi do not “have an intention to do anything nefarious”.
The hearing is due to conclude on Wednesday, with a decision expected in writing at a later date.