Court of Appeal rules Aldi infringed Thatchers’ trademark

Family-owned cider brand makers Thatchers Cider is celebrating after winning in the Court of Appeal in the much-reported trade mark infringement case against supermarket giant Aldi.
Somerset-based Thatchers, represented by Stephens Scown, brought the claim against an Aldi product that appeared on Aldi’s shelves almost two years after Thatchers had gained significant market success with its own Cloudy Lemon Cider.
Following an appeal hearing presided over by Lord Justice Arnold, the Court of Appeal has overturned an earlier ruling by the High Court and held that Aldi took unfair advantage of the Thatcher’s trade mark.
Three Court of Appeal judges – Lord Justice Arnold, Lord Justice Phillips and Lady Justice Falk – agreed on the verdict.
Martin Thatcher, Thatchers’ managing director and great-grandson of the founder, William Thatcher, commented on the ruling: “We couldn’t be happier with this decision, which vindicates our position that Aldi had taken unfair advantage of the hard work we put in to our cider and brands. This is a victory not just for our family business, but for all businesses whose innovation is stifled by copycats. We’re thrilled the Court of Appeal got to the core of the issue and cleared up any cloudy judgment.”
Thomas Chartres-Moore, head of the IP team at Stephens Scown, which has worked with Thatchers for several years to support the protection of the company’s IP portfolio and valuable brand reputation as a quality British cider producer, said: “We are very proud to have represented Thatchers in this matter.
“This appeal win is testament to the passion of our client, the hard work of my team and shows that there is a real value in brands investing in appropriate IP protection to fight off unfair copycat tactics.”
An Aldi spokesperson said: “We are disappointed that the Court of Appeal disagreed with the High Court in this case. We think the Court of Appeal’s decision is wrong and we intend to appeal.
“Aldi offers exclusive brands as low-price alternatives to more expensive branded products. The High Court was clear that Aldi customers know what they are buying when they shop with us. We will continue to produce high-quality exclusive brands for our customers at unbeatable prices.”