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

Aldi’s position is that it accepts that it used the Thatchers Product as a ‘benchmark’ when developing the Aldi Product, but denies infringement of the Trade Mark. If the Court finds that the requirements for section 10(2)(b) or 10(3) infringement are made out, Aldi relies on the defence provided by section 11(2)(b) of the Act. In relation to passing off, Aldi’s case is that none of the requirements of passing off are established. I note for convenience here that Aldi makes no counterclaim in invalidity of the Trade Mark.