Case No. IP-2021-000119

1.In the autumn of 2020 the Claimant (“M&S”) introduced a new line of products for the Christmas market, gin-based liqueurs. The bottles are festively decorated and the liqueur contains gold flakes which become suspended in the liquid when the bottle is shaken. In the base of the bottle there is an LED light which, when turned on, illuminates the contents of the bottle.2.The design of these bottles is protected by registered designs. M&S pleaded reliance on five registered designs, set out in the following table. The registration date for each of the designs is 29 April 2021. They all claim the unchallenged priority date of 15 December 2020.3.In November 2021 the Defendant (“Aldi”) started to sell gin liqueurs containing gold flakes in a light-up bottle. The liqueurs come in two flavours, clementine and blackberry. The bottles look like this (clementine on the left, blackberry on the right):4.M&S allege that the advertising and sale of these Aldi products infringes UK 78, 80, 82, and 84 (collectively the “RDs in suit”). At trial no submissions were made on behalf of M&S with regard to UK 76, so I can leave it to one side. There is no counterclaim for a declaration of invalidity of any of the registered designs pleaded.