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

Mr Watkins’ evidence is that the Aldi Product was never sold singly, as individual cans (and it is the individual can which is the Sign complained of), but only in 4-can packs within a cardboard sleeve. These 4-can packs were provided to Aldi Stores in shelf-ready packaging (“SRP”). These are shallow cardboard trays in which six units of the 4-can packs are placed, in a single layer. This can be seen in a photograph of the Aldi Product on the shop floor contained in the bundle and reproduced at figure 1 of the Annex to this judgment.

Mr Watkins says, and I accept, that the stores are supposed to simply place the SRP trays ono the shelf, and not decant them, although sometimes they do, as I saw in the photograph taken on the morning of trial.