Thatchers Cider Company Limited v Aldi Stores Limited

Thatchers Cider Company Limited v Aldi Stores Limited

Aldi's packaging for Taurus Cloudy Lemon Cider infringed Thatchers' registered trade mark under section 10(3) by taking unfair advantage of its reputation through transfer of image, as Aldi intentionally designed its packaging to remind consumers of the Thatchers Product, enabling Aldi to profit from Thatchers' investment without equivalent effort or promotion. The section 11(2)(b) defence did not apply as Aldi's use was not in accordance with honest practices and was unfair competition.

Parties
Claimant/appellant: Thatchers Cider Company Limited; Defendant/respondent: Aldi Stores Limited
Jurisdiction
England and Wales
Judgment Date
20 January 2025
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; finding of trade mark infringement under section 10(3) substituted.
Legal Topics
Trade Mark Infringement, Unfair Advantage, Reputation, Transfer of Image, Section 10(3) Trade Marks Act 1994
Intellectual Property Commercial Law Trade Mark Infringement Unfair Advantage Reputation Transfer of Image Section 10(3) Trade Marks Act 1994

Case Brief

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Parties

Thatchers Cider Company Limited

Claimant/appellant

Aldi Stores Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Aldi's packaging infringed Thatchers' registered trade mark under section 10(3) of the Trade Marks Act 1994 by taking unfair advantage of its reputation
  2. 2 Whether Aldi's use constituted unfair competition and transfer of image
  3. 3 Whether Aldi's use was in accordance with honest practices in industrial or commercial matters

Ratio Decidendi

Aldi's packaging for Taurus Cloudy Lemon Cider infringed Thatchers' registered trade mark under section 10(3) by taking unfair advantage of its reputation through transfer of image, as Aldi intentionally designed its packaging to remind consumers of the Thatchers Product, enabling Aldi to profit from Thatchers' investment without equivalent effort or promotion. The section 11(2)(b) defence did not apply as Aldi's use was not in accordance with honest practices and was unfair competition.

Court Disposition

Appeal allowed; finding of trade mark infringement under section 10(3) substituted.

Orders

  • Aldi found to have infringed Thatchers' Trade Mark under section 10(3) of the Trade Marks Act 1994
  • Section 11(2)(b) defence rejected