Mary Bagnall writes for FMCG CEO on the recent Thatchers v Aldi court ruling

Bringing a new consumer product or brand to market is a serious undertaking.  Once the product has been formulated, a brand name, imagery and packaging must be created.

Regardless of whether your brand is already known, the product packaging will be shoppers’ first impression of it,  and needs to be appealing and stand out on crowded shelves. Then comes the important task of educating consumers of the value of the new product and what to look for: its name, qualities, and appearance, through substantial investment in advertising and promotion.     

It is understandable, therefore, that brand owners have been increasingly frustrated by discount retailers launching competing products in strikingly similar packaging; so-called copycats or lookalikes.  

Bringing a successful claim has been challenging, particularly if limited to the law of passing off.  This requires consumer confusion as to the origin of the “lookalike” and typically consumers understand the practice of supermarket own brand equivalents.  

However, in an article for FMCG CEO magazine, Mary Bagnall, Partner and Head of Intellectual Property, explains why the recent Thatchers v Aldi court ruling may provide a glimmer of hope to brand owners who invest so much in product innovation.  

Thatchers’ claim against Aldi for trade mark infringement and passing off was initially unsuccessful, but a key element of the trade mark infringement case succeeded on appeal. 

In the article, Mary outlines the fundamental features of the case.

Read the full piece in FMCG CEO magazine here.