The Supreme Court has refused Aldi permission to appeal a ruling that it infringed cider maker Thatchers’ trademark.
The decision brings to a close a long-running court battle between the two over similarities between Thatchers’ Cloudy Lemon Cider and Aldi’s Taurus Cloudy Lemon Cider.
Thatcher’s claim against the discounter was initially dismissed by the High Court in January last year.
The Court of Appeal then came down on the side of Thatchers in January this year, and Aldi vowed to appeal.
The Supreme Court has today published its decision to refuse the appeal.
Aldi and Thatchers have been approached for comment.
Lee Curtis, partner and trademark attorney at IP law firm HGF, said: “This is an important case on the issue of so-called supermarket lookalike products. The courts have made it clear that benchmarking a brand leader is not as such prohibited. However, in this case the Court of Appeal obviously felt that Aldi got too close.
“The fact that this case has come to a close, essentially with a win for the brand owner in the form of Thatchers, might give brand owners more confidence to challenge supermarkets on lookalikes.
“Cases of this nature can be finely balanced and in this case that is shown by the fact the Intellectual Property Court and the Court of Appeal found for different sides. They are very fact specific.
“The Supreme Court hears relatively few trademark cases and although this case may well have been commercially important to the two parties, especially Thatchers, it seems for the Supreme Court the law might have been too well tread.
“Will we see more of the lookalike case of this nature? Undoubtedly. Will they ever get to the Supreme Court? Open to question.”
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