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

Thatchers launched its canned cloudy lemon cider product in February 2020 (the “Thatchers Product”). Since then, it pleads, the Thatchers Product has been sold under and by reference to the Trade Mark, which is applied to the outside of the cans of Thatchers Product, used in advertising and promotion of the Thatchers Product, and is applied to the cardboard containers of 4-can packs of the Thatchers Product in a form which is either effectively identical to, or in which any differences do not substantially affect the identity of, the Trade Mark.

The Defendant (“Aldi”) is a supermarket chain which operates just under 1000 stores in the UK from which it sells, inter alia, its own brand alcoholic cider products (the “Taurus” range) and third party branded alcoholic cider products. Aldi launched a cloudy lemon cider product (the “Aldi Product”) within its own brand Taurus range, sold as 4-can packs, in May 2022 in the following get-up: