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The Court of Appeal has recently handed down its much-anticipated judgment in the latest iteration of the Thatchers Cider Company Limited v Aldi Stores Limited row, overturning aspects of the Intellectual Property Enterprise Court's (IPEC) earlier, controversial decision. The Court of Appeal concluded that Aldi’s "look-a-like" product took unfair advantage of Thatchers’ trade mark, establishing trade mark infringement. The decision marks a significant victory for brand owners seeking to protect their brand against "look-a-like" products and will no doubt be…
On 24th January 2024 a decision was issued by the IPEC court (Thatchers Cider Company Limited v Aldi Stores Limited [2024] EWHC 88 (IPEC), determining that Aldi’s "look-a-like" cloudy lemon cider did not infringe Thatchers’ trade mark registration, nor did it pass it off as its own. It would seem that Aldi has, once again, successfully evaded liability for another of its alleged "imitation" products. Whilst some quarters had hoped the decision would depart from those that came before it…