British cider manufacturer Thatchers is returning to court today in an attempt to reverse a decision that Aldi did not violate its trademark with its cloudy lemon cider.
Thatchers initiated a legal dispute over trademarks against the German supermarket chain in 2022, alleging that Aldi infringed upon their rights by producing and selling its own version of cloudy lemon cider, as reported by City AM.
Thatchers introduced its canned cloudy lemon cider product in February 2020, while Aldi launched its own version, known as Taurus, in May 2022. The crux of the disagreement was the overall appearance of Aldi’s product, which Thatchers argued was strikingly similar to its own lemon cider.
One point of contention was the colour scheme of yellows and greens and a creamy-yellow backdrop, which Thatchers’ legal team claimed increased the potential for confusion. However, Aldi countered that this colour palette is common for lemon-flavoured beverages.
Another issue was the use of the name ‘Taurus’, which Thatchers argued could cause confusion due to its similarity to its own brand name ‘Thatchers’. Earlier this year, the High Court sided with Aldi, ruling that there was no likelihood of confusion between the brands.
Regarding the colour issue, the judge agreed with Aldi’s defence, stating “it is not surprising that both parties have used it to distinguish their lemon cider product”. The court dismissed Thatchers’ claim against Aldi in January, but Thatchers lodged an appeal in March
The cider company’s battle against the previous court ruling resumes at the Court of Appeal on Tuesday and Wednesday. Mary Bagnall, head of intellectual property at Charles Russell Speechlys, weighed in on the difficulties of such an appeal by saying, “appeals in cases such as these are particularly difficult because the Court of Appeal may only intervene if the judge’s findings of fact were rationally insupportable, or in making her multi-factorial evaluation of the issues, she erred in law or principle.”
She further noted that “it is immaterial whether the Court of Appeal finds the decision surprising or whether it would have come to a different conclusion”.
Aldi has previously been involved in several trademark disputes with Marks and Spencer (M&S), including clashes over its Colin the Caterpillar cake and light up gin bottles.