Stephanie Wickenden and Niamh Herrett successfully represented Aldi in Thatchers Cider Company Limited v Aldi Stores Limited.

The dispute concerned ‘Thatchers Cloudy Lemon Cider’ and Aldi’s own-brand ‘Taurus Cloudy Cider Lemon’. Thatchers alleged Trade Mark infringement pursuant to section 10(2)(b) and 10(3) of the Trade Marks Act 1994 in respect of a complex figurative mark, and passing off.

The claim was dismissed in its entirety. The judgment, given by Melissa Clarke HHJ, found that there was no likelihood that the average consumer would be confused and that Aldi’s sign had not taken unfair advantage of, or caused detriment to, Thatchers’ Trade Mark.