Thatchers Cider Company Limited v Aldi Stores Limited [2024] EWHC 88 (IPEC)

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.

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Stephanie Wickenden specialises in intellectual property, art and media law.

She has experience in commercial chancery cases in the creative and technology sectors, including contractual and tortious IT disputes, contentious trusts and estates matters involving creative assets, and shareholder and directors’ disputes involving IP breaches. A significant proportion of her practice has an international element, including cases involving disputed jurisdiction, foreign law, and service and enforcement out of the jurisdiction.

With a background in art and theatre, combined with expertise in IP, commercial and private international law, Stephanie is uniquely placed to advise on contentious and non-contentious matters relating to art and cultural property. Having spent three years at a top international law firm, she also advises on IP transactions and licensing.

Stephanie enjoys working as part of a team and is confident acting as sole counsel. She is regularly instructed in significant Intellectual Property cases before the UK courts, often unled and against KCs, including Thatchers v Aldi [2025] EWCA Civ 5 and EasyGroup v Nuclei and others [2023] EWCA Civ 1247. She has appeared before the CJEU (General Court), Court of Appeal, High Court and IPEC, and in registry proceedings before the UK IPO and EUIPO.

Stephanie Wickenden

Call: 2014

Niamh Herrett has a broad commercial and chancery practice, with particular interest in private client trusts and probate, commercial disputes, and intellectual property. She is identified as a ‘Rising Star’ in the Legal 500 and, since joining Chambers in October 2022, has appeared in the High Court, Court of Appeal and Supreme Court.

Niamh spent her first six months in practice on secondment to Farrer & Co’s contentious trusts team, where she worked on complex, high-profile private client trusts and probate matters. She enjoys advising clients in her sole capacity, as well as working as part of a larger counsel team.

Before joining Serle Court, Niamh studied law at Merton College, Oxford, graduating with a first-class undergraduate degree and a Distinction in the BCL, receiving numerous academic scholarships and prizes. During her BPC year, Niamh was a Guest Teacher at the London School of Economics and Political Science, where she taught undergraduate seminars on the Property II course (Land and Trusts).