01/04/2025
Earlier this year saw the decision of the Court of Appeal in the Thatchers v Aldi case, which signalled a possible turning of the tide in favour of brand owners against lookalike products.
It seems that the Thatchers decision may have emboldened brand owners, as news breaks that Robinsons, best known for its variety of squash and cordial products, has filed a claim in the High Court against Aldi for trade mark infringement and passing off.
The Thatchers case highlighted the importance of brand owners registering the appearance and get-up of their products as trade marks. Brands may have previously struggled to enforce trade marks representing the get-up of a product against lookalikes if the lookalike had taken steps to create sufficient distance by, for example, choosing a product name not similar to the original product. But Thatchers has shown that lookalikes may not get off the hook by using a sufficiently different product name or logo if the overall appearance of the product will cause consumers to think that the lookalike is the same as the original product, but cheaper. Such a signal to consumers could be the link to the registered mark which may allow the trade mark owner to argue that the lookalike takes unfair advantage of the earlier registered mark’s position in the market.
Robinsons has a history of obtaining registered trade marks in the UK for the appearance of its products, including the appearance of its bottles of cordial products (in various flavours), its Fruit Shoot products and its mini squashes. For example:
With full details of Robinsons’ claim yet to emerge, commentators have speculated that some of Aldi’s products under its SUN QUENCH range share certain similarities with Robinsons’ products, which Robinsons has protected through registered trade marks.
Could this be the start of a number of cases where we see brand owners combatting lookalike products on the basis of registered trade marks? Will we see a change in branding strategy from discount retailers? We are watching this space.
This article is for general information only. Its content is not a statement of the law on any subject and does not constitute advice. Please contact Reddie & Grose LLP for advice before taking any action in reliance on it.
