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Aldi loses gin court battle to M&S

M&S initiated proceedings in December 2021 alleging Aldi had infringed M&S' registered design of its 'Snow Globe' gin bottles through the distribution of Aldi's own 'Infusionist' gin.

Both designs contained edible gold leaves within a snow-globe-shaped bottle.

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This latest trademark battle comes just weeks after the High Court dismissed a trademark infringement claim against Aldi by Thatchers Cider.

A spokesperson for Aldi said: “We are disappointed with this judgement and are considering our position, as we still believe there is no merit in the case put forward by M&S. We will continue to innovate and develop exciting, high-quality products for our customers.”

Judge Richard Hacon said there were ‘striking’ similarities which gave the bottle design the same overall impression which would be ‘significant’ to shoppers.

Commenting on the judgement, Mike Shaw, partner at intellectual property firm Marks & Clerk, said: “The Court of Appeal decision clearly illustrates the value of securing registered design protection for new product designs. 

“In particular, design registrations can be used alongside other IP rights, such as registered trademarks and copyright, to provide a thicket of protection for new products thereby maintaining the competitive advantage secured from investing in innovative product design.”

A spokesperson for M&S said: “We love to innovate for our customers and we’re proud of our suppliers who help us bring exciting new products to market every year. That’s why we take intellectual property seriously and will always defend our rights against infringement – companies that seek to copy rather than innovate harm hundreds of small suppliers who have invested in innovation to grow their business.”

• Aldi
• M&S
• high court
• Thatchers
• Marks & Clerk
• Copyright