Case No. IP-2021-000119

70.As part of its Gin Globes Project M&S produced a concept document in April 2019 which included illustrations of what it called the “gin competition”:71.A later concept document was produced on 18 December 2020, which had an illustration of another 14 bottles (presumably all available three days earlier):72.The 33 bottles shown here represent a small proportion of the totality within the design corpus by December 2020. Many of the examples in the evidence which are not shown above were extravagantly different to the RDs in suit. 73.Excluding M&S’s products, four bottles with an integrated light were marketed before December 2020 but none with a shape like that of the RDs in suit. Five members of the corpus had a snow effect of some sort, none with a bottle shape similar to that of the RDs in suit. Two among the foregoing had both a snow effect and an integrated light.74.Aldi drew attention to the Crosby and Thatcher gin bottles shown in paragraph 71 above (the latter is in the lower row, second from the right). Within the large corpus, five further examples were found having a shape very similar to these two (Glen Wyvis, Perth, Koppaberg, Morrisons and Todley’s). All have relatively high shoulders and are visibly different from the “botanics” shape of the RDs in suit. None has either a snow effect or an integrated light.75.Saverglass, the manufacturer of the bottles supplied to M&S, has a UK registered design for its botanics shape, registered as of 18 November 2015. It forms part of the corpus:76.Of the totality of the design corpus and excluding M&S designs made available in the grace period, only the M&S 2019 Snow Globe has the botanics shape and a snow effect (no integrated light).