Jurisdiction(s):
United Kingdom

Thatchers v Aldi: Court of Appeal (England and Wales) finds s10(3) trade mark infringement over cloudy lemon cider lookalike packaging; ‘transfer of image’ and reputation central

Published on: 27 March 2025

Published by a LexisNexis IP expert

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Table of contents

What are the practical implications of this case?
What was the background?
What did the court decide?
Case details

Article summary

Thatchers Cider Company Ltd v Aldi Stores Ltd [2025] EWCA Civ 5

What are the practical implications of this case?

The main practical implications for trade mark owners are the following:

seek protection for the mark you plan to use, and for packaging, aim to register the whole packaging as a trade mark rather than only the word mark. Thatchers’ success here was largely because it held a trade mark registration for the packaging, which included the lemon elements. If the dispute had been assessed solely by comparing the THATCHERS and TAURUS word marks, Thatchers would most likely not have succeeded
linked to this is the point that infringement claims can be successfully advanced under TMA 1994, s 10(3), although it remains uncertain whether other cases will adopt the same reasoning as this one...

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