A thorn in the cider for Aldi

Today (12 June), the Supreme Court has refused permission for Aldi to appeal the Thatchers decision.

This has taken me by surprise albeit a pleasant one.

The Court of Appeal decision is brilliant in the ongoing battle against copycat products and will help immensely. But, I thought the Supreme Court might have been at least interested in Aldi’s concern about about trade mark overreach because Aldi’s use was of decorative and non distinctive elements (lemons, colour beige, layout) and not the main distinctive element (Thatchers).

As I said, this is a great result for our brand owner clients, but the Court of Appeal decision means that even legitimate originator brand owners will have to be more mindful when considering the scope of protection for composite trade marks (with a reputation) that have both distinctive and decorative elements.

You can find our previous commentary on this long-standing dispute here.