In January, in Thatchers v Aldi [2025] EWCA Civ 5, the Court of Appeal found that Aldi Stores Ltd’s (Aldi) Taurus Cloudy Lemon Cider infringed Thatchers Cider Company Ltd’s (Thatchers) registered trade mark. That decision marked a turning point for brand owners seeking to challenge supermarket lookalikes. With the Supreme Court’s endorsement, the legal position has been further cemented in favour of brand protection.

Background
The dispute began when Thatchers accused Aldi of infringing its trade mark with Aldi’s Taurus Cloudy Lemon Cider. The product had a striking resemblance to Thatchers’ Cloudy Lemon Cider, particularly in terms of packaging, colour scheme and overall presentation. Initially, the Intellectual Property Enterprise Court (IPEC) ruled in Aldi’s favour, finding no infringement or passing off. Thatchers appealed.

Court of Appeal decision
The Court of Appeal overturned the IPEC decision, holding that Aldi had taken unfair advantage of Thatchers’ trade mark.

Thatchers appeal was made in relation to section 10(3) of the Trademarks Act 1994. Thatchers argued that Aldi’s Taurus Cloudy Lemon Cider packaging was very similar to Thatchers’ Cloudy Lemon Cider and took unfair advantage, or caused detriment to, the distinctive character and repute of the trade mark, without due cause.