Supreme blow for Aldi in the battle of the copycats against Thatchers

On 12 June 2025, the Supreme Court refused permission for Aldi to appeal the decision which found that the retailer had infringed Thatchers Cider’s trade mark.

The long-running case involved Thatchers’ registered trade mark (below left) and Aldi’s sale of their own lemon cider product (below right).

Thatchers lost at first instance.  The Intellectual Property Enterprise Court (IPEC) found no likelihood of confusion and no passing off.  Thatchers appealed on one specific point regarding the reputation enjoyed by its trade mark and the unfair advantage taken by Aldi.  The Court of Appeal agreed with Thatchers and overturned the decision, on the basis that its trade mark did enjoy a reputation and that Aldi’s product took unfair advantage of that reputation, amounting to trade mark infringement.  It was found that Aldi had deliberately adopted elements of Thatchers’ branding including the colour palette, lemon imagery and layout and these were not merely decorative features.

Aldi requested permission to appeal but this has been refused by the Supreme Court, the Court of Appeal’s ruling being upheld. The Supreme Court is not required to provide a detailed written explanation and has not done so.

It is a great result for brand owners, and the decision certainly helps with the ongoing battle against copycat products.  Now that the decision is confirmed, stay tuned for our key takeaways on the impact of this decision in developing and protecting your brand.