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Thatchers Cider wins trademark case against Aldi
Somerset-based cider house Thatchers has won a trademark infringement case against supermarket giant Aldi.
Thatchers, represented by Stephens Scown LLP, brought the claim against an Aldi product that appeared on Aldi’s shelves almost two years after Thatchers had gained significant market success with its own Cloudy Lemon Cider.
Following an appeal hearing presided over by Lord Justice Arnold, the Court of Appeal has since overturned an earlier ruling by the High Court and also noted that Aldi took unfair advantage of Thatcher’s trade mark.
Speaking to the drinks business, Thomas Chartres-Moore, head of intellectual property and data protection at Stephens Scown LLP, said: “We had been working with Thatchers for a few years, helping the rapidly growing cider producer to recognise the value of its brands and how to protect them. There had already been several instances where we had successfully helped Thatchers to protect itself from competitors copying its products.”
He explained: “It’s increasingly becoming an issue in the drinks industry… but the more successful cases like this that happen will raise awareness that protecting your IP and brand value is a fight worth fighting.”
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A victory for family businesses
Thatchers’ managing director Martin Thatcher admitted: “We couldn’t be happier with this decision, which vindicates our position that Aldi had taken unfair advantage of the hard work we put into our cider and brands. This is a victory not just for our family business, but for all businesses whose innovation is stifled by copycats. We’re thrilled the Court of Appeal got to the core of the issue and cleared up any cloudy judgment.”
Chartres-Moore told db: “Hopefully it will make them [retailers] think twice [about copy-catting brands in the future]. It’s a big battle we are fighting; it’s happening the world over and not just in the drinks retail space. The more battles that brands can win, the better.”
Offering further advice to the sector, should other brand owners be in this position, Chartres-Moore insisted: “The key is pro-activity, monitoring the marketplace and taking the time and investment in ensuring you have a suitable portfolio of intellectual property rights, including a mix of designs and trade-marks for enforcement.”
He reassured: “It can be a daunting process to get started but if you think that you have a strong case, then you need to stand up for the brand equity that you’ve spent your time and effort in creating.”
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