Aldi faces blistering attack from lawyer over ‘lookalike’ 3D nail art

A high-profile intellectual property lawyer has launched a scathing attack on Aldi for unveiling festival nail art featuring 3D designs of “lookalike” products.

Geoff Steward, head of IP at Addleshaw Goddard, said it “beggars belief” that Aldi would “expand lookalikes into merchandising”, just days after losing a trademark court battle with Thatchers Cider.

The Supreme Court last week refused Aldi permission to appeal an earlier ruling that it had infringed Thatchers’ trademark.

It brought 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.

However, the Supreme Court denied the appeal on the basis Aldi did not raise an arguable point of law.

The discounter this week unveiled a set of festival-inspired nail art designs featuring miniature 3D versions of Aldi own-label products that bear a resemblance to leading brands, including Nordpak butter (Lurpak), Bramwells ketchup (Heinz) and Professor Peppy (Dr Pepper).

Read more: Aldi ‘will have to change its business model’, says Thatchers’ lawyer

Aldi has partnered with nail artist Sophie Parkinson and is running a competition to win the creations.

“It beggars belief,” Steward wrote on LinkedIn. “Last week the Supreme Court refused Aldi permission to appeal the Court of Appeal decision against them in Thatchers – confirming that lookalikes do take unfair advantage of well-known packaging if registered as a trademark, and therefore amount to trademark infringement.

“Next Tuesday the Supreme Court may well confirm (Iconix v. Dream Pairs) that likelihood of post-sale confusion gives a self-standing trademark infringement claim.

“Feels like odd timing to expand lookalikes into merchandising, notably the new ‘festival nails’ campaign (yes those are Aldi lookalikes on the nails).”

Aldi has not responded to Steward’s comments.

The supermarket has adopted a defiant tone over the court verdict. “We go to great lengths to ensure that all our products adhere to strict intellectual property guidelines,” said a spokesperson. “We think the Court of Appeal was wrong in its interpretation of the facts in this particular case.

“Aldi will continue to champion consumers by offering low-price, affordable alternatives to more expensive branded products. The courts were clear that Aldi customers know what they are buying when they shop with us.”

Steward added: “Does anyone remember the scene in Monty Python & The Holy Grail where the defeated knight, left limbless, threatened to ‘bite off your ankles’?”