Landmark Update in UK Brand Protection
In a case heard in January 2025, the Supreme Court has refused Aldi’s permission to appeal the Court of Appeal’s ruling in Thatchers v. Aldi, making this a defining moment for packaging and trademark law in the UK.
Thatchers has, since May 2020, held a trademark in respect of ‘Thatchers Cloudy Lemon Cider’ (“Thatcher’s Cider”). In May 2022, Aldi launched their own product as part of their ‘Taurus’ range called ‘Taurus Cloudy Lemon Cider’ (“Aldi’s Cider”).
Upon the launch of Aldi’s Cider, Thatchers commenced legal proceedings against Aldi claiming that Aldi’s Cider infringed Thatchers trademark. In addition, Thatchers argued that Aldi were passing off Thatcher’s Cider with a lookalike product.
The case was first heard in 2024 in the High Court (being the Intellectual Property Enterprise Court). Thatchers argued that Aldi purposefully imitated the Thatcher’s Cider product when designing the Aldi Cider. Thatchers argued that Aldi were deliberately trying to cause an association in consumers’ minds between Thatcher’s Cider and Aldi’s Cider.
Whilst Aldi acknowledged that it took inspiration from Thatcher’s Cider when developing the Aldi Cider, Aldi denied the infringement of Thatchers trademark. It was held in the High Court that Aldi did not infringe Thatcher’s trademark, nor were they liable for passing off.
Thatchers appealed the decision within the Court of Appeal who ruled in their favour under section 10(3) of the Trade Marks Act 1994. There are nine identifiable criteria to establish infringement of a trademark, of which the Court of Appeal considered two, namely:
1) the use must create a mental association in the mind of the consumer, here the court considered the ‘Sign’ Aldi used and how this caused consumers to view the Aldi Cider “like Thatchers, only cheaper”; and
2) it must result in harm, either by taking unfair advantage of or causing detriment to the trademark’s reputation, here the court considered how Aldi capitalised on the reputation of Thatchers already established trademark and this therefore allowed Aldi to gain an unfair advantage without having to rely on the quality of the Aldi Cider or invest in the promotion of their product.
The Court of Appeal held that Aldi deliberately mimicked Thatchers packaging to create an association to it. The ruling reaffirms that distinctive packaging, if properly registered, can earn strong legal protection.
Own-brand or copycat products now face greater scrutiny when closely echoing established packaging. The decision is a clear reminder that unfair advantage is actionable even without consumer confusion.
What does this mean?
This case gives a clear signal to retailers and brand owners and marks a new era in defending packaging look‑alikes and safeguarding innovation and consumer trust. It highlights the importance of protecting your brand from the outset and ensuring your trademarks are properly registered, maintained and enforceable.
Find the full judgement here: Thatchers Cider Company Limited (Respondent) v Aldi Stores Limited (Appellant) - UK Supreme Court
If your business could benefit from a conversation about trademark law, our specialist Commercial Lawyers at Leathes Prior Solicitors would be pleased to assist you with this. You can contact us by email at info@leathesprior.co.uk, or by telephone on 01603 610911.