News / Cider
Thatchers win trademark infringement case against Aldi
Thatchers have won a decisive legal victory against Aldi after the supermarket brought out a copycat cider.
The Court of Appeal has overturned an earlier ruling by the High Court and decided that Aldi took unfair advantage of the Thatchers trade mark in their own version of cloudy lemon cider.
Thatchers managing director Martin Thatcher said he was “thrilled the Court of Appeal got to the core of the issue and cleared up any cloudy judgment” but Aldi have already said they intend to appeal the latest decision.
is needed now More than ever
The ruling comes after Colin the Caterpillar in a distinctive green cloak from The Traitors has been appearing in Aldi shops.
In 2022, Marks & Spencer and Aldi reached a settlement in a trademark dispute over their caterpillar cakes.
I’m so confused guys!? No way is that an @marksandspencersuk Colin in a traitors cloak in Swanley @aldiuk ?! ?? pic.twitter.com/unrAJIQMlZ
— Laurel ? (@lifewithlaurel) January 15, 2025
Martin Thatcher said: “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.”
Thatchers, represented by Stephens Scown, had brought the claim against Aldi’s cider that was launched two years after the release of Thatchers’ Cloudy Lemon Cider.
In his ruling overturning the previous judgement, lord justice Arnold said it was “plain to see” that Aldi’s packaging design closely resembled Thatchers’ trademarked version.
Arnold also said that Aldi had benefited from “unfair advantage” because they profited from Thatchers’ investment in developing and promoting the cider, with Aldi’s version not of the same quality as it does not contain real lemon juice.
Thatchers’ Cloudy Lemon cider is made from Braeburn, Gala and Red Spur dessert apples blended with the juice of real lemons – photo: Thatchers
Thomas Chartres-Moore, head of the IP team at Stephens Scown LLP, 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.
“This case provides welcome authority on the circumstances in which a copycat product crosses the line from healthy competitive marketplace behaviour and into unfairly taking advantage of a trademark owner’s rights.”
Aldi have ten shops across Bristol – photo: Holly Lambert
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.”
Main image: Thatchers / Aldi
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