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21st January 2025

Thatchers Emerges Jubilant After Trade Mark Infringement Appeal Win Against Aldi

20 January 2025: Family-owned cider brand makers, Thatchers Cider, is celebrating after winning in the Court of Appeal in the much-reported trade mark infringement case against supermarket giant Aldi.

Thatchers, represented by Stephens Scown LLP, brought the claim against an Aldi product that appeared on Aldi’s shelves almost two years after Thatchers had gained significant market success with its own Cloudy Lemon Cider.

Following an appeal hearing presided over by Lord Justice Arnold, the Court of Appeal has overturned an earlier ruling by the High Court and held that Aldi took unfair advantage of the Thatcher’s trade mark.

Martin Thatcher, Thatchers’ Managing Director and great-grandson of the founder, William Thatcher, commented on the ruling: “We couldn’t be happier with this decision, which vindicates our position that Aldi had taken unfair advantage of the hard work we put in to our cider and brands. This is a victory not just for our family business, but for all businesses whose innovation is stifled by copycats. We’re thrilled the Court of Appeal got to the core of the issue and cleared up any cloudy judgment.”

Thomas Chartres-Moore, Head of the IP team at Stephens Scown LLP, which has worked with Thatchers for several years to support the protection of the company’s IP portfolio and valuable brand reputation as a quality British cider producer said: “We are very proud to have represented Thatchers in this matter. This appeal win is testament to the passion of our client, the hard work of my team and shows that there is a real value in brands investing in appropriate IP protection to fight off unfair copycat tactics.”

Lord Justice Arnold set out the reasons for overturning the previous judgement as follows:

  • It was that it was plain to see that the sign (Aldi’s packaging design) closely resembled the trade mark.
  • He also held that Aldi had intended to take advantage of the trade mark to assist it in selling its cider, by sending a message through the branding that the Aldi cider was like the Thatchers cider, only cheaper.
  • Arnold LJ also set out that Aldi had benefited from unfair advantage, because it enabled Aldi to profit from Thatchers’ investment in developing and promoting the Thatchers cider rather than competing purely on quality and/or price and on its own promotional efforts.
  • Arnold LJ commented that his conclusion was supported by the fact that the Aldi cider is not actually of the same quality as the Thatchers product in that it does not contain real lemon juice.

Chartres-Moore adds: “This case provides welcome authority on the circumstances in which a copycat product crosses the line from healthy competitive marketplace behaviour and into unfairly taking advantage of a trade mark owner’s rights.

– Ends-

For more information contact:

Johara Chambers and Nicky Forrest at Phipps Relations

Johara.chambers@thisisphipps.com / nicky.forrest@thisisphipps.com

About Stephens Scown LLP

The first large UK law firm to become employee owned, Stephens Scown is not afraid to do things differently. It is committed to putting clients’ needs first, listening and adapting to deliver a personal and professional service tailored to the business’ or individual’s needs.

As a B CorpTM, the firm has joined thousands of businesses across the world who have made a long-term commitment to balancing people, planet, and profit as part of the B CorpTM community.

South West based, with nationwide coverage

Based in the South West but with a client base that stretches across the UK, the firm’s flexible and innovative way of working ensures delivery of the very best professional legal expertise to its clients wherever they are. As well as ranking highly in top independent legal guides, Chambers and The Legal 500, it also features in The Lawyer magazine’s prestigious Top 200 law firm rankings.

More than lawyers for its clients, the firm aspires to become trusted advisors, building long-lasting relationships and offering empathy and understanding. Stephens Scown’s legal advisors are experts in their respective areas of the law, from Corporate and Intellectual Property, Data Protection and Technology Law to Family and Private Client matters. The Firm also offers extensive experience across a diverse range of sectors, from food and drink to mining and minerals.

A purposeful business that seeks to benefit all key stakeholders: employees, clients, wider society, the environment, and more, Stephens Scown has committed to being a greener business, which includes setting an ambitious target of becoming Net Zero by 2025.

For more information www.stephens-scown.co.uk

Image: Thatchers Cloudy Lemon Cider vs Aldi’s copycat


For more information contact:

Johara Chambers and Nicky Forrest at Phipps Relations

Johara.chambers@thisisphipps.com / nicky.forrest@thisisphipps.com

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