This has been a very long standing dispute between Thatchers and Aldi over trade mark infringement. Ashfords has kept abreast of the case developments over the last couple of years (see our articles from September 2023, January 2024, October 2024 and February 2025).
The case was heard first in the Intellectual Property Enterprise Court where Aldi won, before the decision was overturned by the Court of Appeal. However, on 12 June 2025, the Supreme Court published its confirmation that Aldi's request to appeal against the Court of Appeal's decision had been rejected.
Aldi intended to appeal, arguing the point that the Court of Appeal erred by allowing Thatchers' appeal and finding that Aldi infringed Thatchers' trade mark by free riding on Thatchers' reputation under section 10(3) of the Trade Marks Act 1994. However, the Supreme Court has not granted Aldi permission to appeal without giving reasons. It is this practitioner's assumption that the Supreme Court considered that the grounds to appeal were not sufficiently met, i.e. that they considered the Court of Appeal did not clearly error in the law nor is the case of sufficient public importance. This is rather surprising to this practitioner, particularly given the Court of Appeal found that Aldi copied non-distinctive elements of Thatchers' trade marks such as lemons and general layout, rather than the distinctive element - the word 'Thatchers'.
Overall, this is brilliant result for brand owners. Those intending to create 'copycat' products will need to be careful as even non-distinctive elements of a trade mark can be protected, provided those elements have a reputation.
For more information please contact Clare Jackman.
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