Marks and Spencer PLC v Aldi Stores Limited

Marks and Spencer PLC v Aldi Stores Limited

Aldi's gin liqueur bottles do not produce a different overall impression from M&S's registered designs UK 78, 80, 82, and 84, due to striking similarities in bottle shape, stopper, winter scene, snow effect, and integrated light, and the differences relied upon by Aldi are minor and do not affect the overall impression.

Parties
Claimant: Marks and Spencer PLC; Defendant: Aldi Stores Limited
Jurisdiction
England and Wales
Judgment Date
31 January 2023
Procedural Posture
Intellectual Property / Judgment
Outcome
Infringement found
Legal Topics
Registered Designs, Design Infringement, Design Corpus, Grace Period, Comparison of Overall Impressions
Intellectual Property Commercial Law Registered Designs Design Infringement Design Corpus Grace Period Comparison of Overall Impressions

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Parties

Marks and Spencer PLC

Claimant

Aldi Stores Limited

Defendant

Procedural Posture

Intellectual Property / Judgment

Legal Issues

  1. 1 Whether Aldi's gin liqueur bottles infringe M&S's registered designs UK 78, 80, 82, and 84
  2. 2 Interpretation of registered designs and scope of protection
  3. 3 Application of the grace period to infringement assessment

Ratio Decidendi

Aldi's gin liqueur bottles do not produce a different overall impression from M&S's registered designs UK 78, 80, 82, and 84, due to striking similarities in bottle shape, stopper, winter scene, snow effect, and integrated light, and the differences relied upon by Aldi are minor and do not affect the overall impression.

Court Disposition

Infringement found

Orders

  • Aldi's marketing of gin liqueur products infringes M&S's UK 78, 80, 82, and 84 registered designs