Thatcher's Cider scores latest victory in Aldi lookalike dispute

The case has now been heard twice in court

Two images of the Royal Court placed side by side. One shows a close-up of a yellow can with lemon artwork on it. It says — The case has now been heard twice in court

Cider maker Thatcher has successfully won an appeal in a long-running trademark battle with supermarket chain Aldi.

The Somerset company sued the supermarket chain in 2022, accusing Aldi of “imitating” its Cloudy Lemon cider in “taste and appearance”.

Thatcher claimed that Aldi's Taurus drink, launched in 2022, was “riding on the coattails of Mrs Thatcher's reputation”.

The High Court in London last January Thatcher's case dismissedbut the latest hearing resulted in a judge ruling in Mrs Thatcher's favour. Aldi said it would appeal.

The products were launched two years apart

Thatchers A can of Thatchers Cloudy Lemon Cider, light yellow can with lemon on the packaging. Next to it is an apple cut in half so we can see its cross-section. They sit at a wooden table, with the blurry Somerset landscape in the background. — The products were launched two years apart

In her ruling in January, Judge Melissa Clarke concluded that the products were sufficiently similar to each other to avoid confusion among consumers.

Thatcher claimed Aldi “misleads shoppers into believing the ciders are the same or are somehow related”.

In the latest Court of Appeal ruling, Lord Justice Arnold said Aldi had infringed Mrs Thatcher's trademark in relation to its “logo”, referring to the image on product packaging.

“Intent to exploit”

He added: “The inescapable conclusion is that Aldi intended the logo to remind consumers of the trademark.

“This can only serve to send the message that Aldi’s products are like Margaret Thatcher’s products, only cheaper.

“In this sense, Aldi intends to exploit the reputation of the trademark to assist in the sale of Aldi products.”

He added that “Aldi does not want consumers to be deceived or even confused, as the trade origin of Aldi's products does not detract from this”.

Martin Thatcher says the ruling is a 'victory' for family businesses

Martin, wearing a gray-green tweed jacket and plaid shirt, stared into the camera with a slight smile on his face. He was holding a small model of himself, wearing identical clothes. The gate behind him says — Martin Thatcher says the ruling is a 'victory' for family businesses

Martin Thatcher, fourth-generation cider maker at Thatcher Cider, said: “This is a win not only for our family business but for all businesses whose innovation is stifled by imitators.”

He added that Thatcher was “excited” that the court would “get to the heart of the matter and clarify any ambiguous judgments”.

An Aldi spokesman said: “We are disappointed that the Court of Appeal disagreed with the High Court in this case.

“We believe the Court of Appeal’s decision was wrong and we intend to appeal.

“Aldi offers exclusive brands as lower-priced alternatives to more expensive branded products.

“The High Court has made it clear that Aldi customers know what they are buying when they shop with us.”