City AM quotes Mary Bagnall on the Thatchers v Aldi trademark appeal
British cider maker Thatchers is returning to court to challenge a previous decision that cleared supermarket Aldi of trademark infringement over its own-brand cloudy lemon cider.
Thatchers had accused Aldi of creating a product too similar to its own, particularly in terms of packaging and colour scheme, which could lead to consumer confusion.
The High Court initially ruled in favour of Aldi, finding no likelihood of confusion between the two brands. Thatchers, disagreeing with the judgment, especially on the use of similar colour palettes and the brand name 'Taurus', which it feels is too close to 'Thatchers', has filed an appeal and is now seeking to have the earlier ruling overturned at the Court of Appeal.
Commenting on the appeal, Mary Bagnall, Head of Intellectual Property, explains that:
Appeals in cases such as these are particularly difficult because the Court of Appeal may only intervene if the Judge’s findings of fact were rationally insupportable, or in making her multi-factorial evaluation of the issues, she erred in law or principle. It is immaterial whether the Court of Appeal finds the decision surprising or whether it would have come to a different conclusion. It is the trial judge who has the benefit of all the evidence and can assess the witnesses in person. One area which might be re-examined is whether the Judge, who found inconsistencies in the position taken at trial and the pleaded position, correctly relied on the particular sign to be considered, which of course is fundamental to the assessment in law.
"We look forward to the decision with interest but should not forget that in order to put themselves in the best possible position against lookalikes, brand owners must consider every element of IP protection when introducing new product lines, and take great care when applying for both registered trade marks and registered designs that the images protect the necessary elements of the pack designs; no more and no less.
Read the full piece in City AM here.
