Claim No: IP-2022-000076 - [2024] EWHC 88 (IPEC)

Aldi is very well-known as a discount supermarket chain in the UK. It sells a range of cider products, including under its primary own-label cider brand ‘Taurus’. It also sells third party ciders, including products from Strongbow, Alska and Orchard.

Mr Watkins says that the Taurus brand had been in use since he first started working for Aldi in 2013, and he describes it as “successful and well-established” by the time he became responsible for cider products in 2020. Since 2020, there has always been an apple cider known as Taurus Original, a pear variant known as Taurus Pear and a dark fruits variant known as Taurus Dark Fruits. There have also been seasonal flavour variants which vary from time to time. He says the seasonal variants are sold at a higher price point because they are flavours for which there are either no, or few equivalents sold by other retailers. He says that Aldi uses a single design toolkit as a starting point for design of all Taurus cans, so that they are consistent in their design, although they must also effectively communicate the characteristics of the particular product. I accept this evidence. A photograph showing the design of packaging across the Taurus range of ciders is contained at figure 7 of the Annex to this judgment.

Mr Watkins says that from 2020 to 2022 Aldi sold third party cloudy lemon ciders: Brothers’ Cloudy Lemon Cider in 4 x 400ml cans and Alska Cloudy Sicilian Lemon Cider in 3 x 330ml bottles. Both were successful for Aldi, reflecting the market trend for less conventional cider flavours. For that reason, he decided to introduce a cloudy lemon cider to the Taurus line as a seasonal variant, for launch in March 2022, although it was slightly delayed and first put on sale on 19 May 2022. He and his team worked with a third party cider producer, Aston Manor, to develop the liquid, and a third party design agency to develop the artwork for the packaging. I accept this evidence which was largely unchallenged.