Thatchers Cider Company Ltd v Aldi Stores Ltd [2025] EWCA Civ 5 (20 January 2025)

Thatchers Cider Company Ltd v Aldi Stores Ltd [2025] EWCA Civ 5 (20 January 2025)

The Court found that although there was some low degree of similarity between the Aldi product and the Thatchers trade mark, the similarities were largely descriptive or commonplace (lemons, colour, descriptive text) and the overall impression was distinct due to Aldi's use of its own branding and design elements. There was insufficient evidence that Aldi took unfair advantage of Thatchers' reputation or that the use of the sign caused a change in economic behaviour attributable to the trade mark's reputation. The appeal was dismissed as the requirements for infringement under section 10(3) were not met.

Citation
[2025] EWCA Civ 5
Parties
Claimant/appellant: Thatchers Cider Company Limited; Defendant/respondent: Aldi Stores Limited
Jurisdiction
England and Wales
Judgment Date
20 January 2025
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (ipec)
Outcome
Appeal dismissed
Legal Topics
Trade Mark Infringement, Section 10(3) Trade Marks Act 1994, Unfair Advantage, Reputation of Trade Mark, Look Alike Packaging, Passing Off
Intellectual Property Commercial Law Trade Mark Infringement Section 10(3) Trade Marks Act 1994 Unfair Advantage Reputation of Trade Mark Look Alike Packaging Passing Off

Case Brief

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Parties

Thatchers Cider Company Limited

Claimant/appellant

Aldi Stores Limited

Defendant/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court (ipec)

Legal Issues

  1. 1 Whether Aldi's Taurus Cloudy Lemon Cider infringed Thatchers' registered trade mark under section 10(3) of the Trade Marks Act 1994 by taking unfair advantage of or causing detriment to the distinctive character or repute of the Thatchers mark.
  2. 2 Whether the similarities between the Aldi product and the Thatchers trade mark were sufficient to establish a 'link' in the mind of the average consumer.
  3. 3 Whether Aldi's conduct amounted to unfair advantage or detriment to repute under the statutory test.

Ratio Decidendi

The Court found that although there was some low degree of similarity between the Aldi product and the Thatchers trade mark, the similarities were largely descriptive or commonplace (lemons, colour, descriptive text) and the overall impression was distinct due to Aldi's use of its own branding and design elements. There was insufficient evidence that Aldi took unfair advantage of Thatchers' reputation or that the use of the sign caused a change in economic behaviour attributable to the trade mark's reputation. The appeal was dismissed as the requirements for infringement under section 10(3) were not met.

Court Disposition

Appeal dismissed

Orders

  • Thatchers' appeal under section 10(3) of the Trade Marks Act 1994 is dismissed.
  • No order for retrial or further relief.