Thatchers, the cider company, and Aldi are locked in a High Court dispute after the brewer alleged the discount retailer had infringed on its Cloudy Lemon Cider trademark.
The Somerset brewer contends that Aldi's Taurus cider not only replicates the appearance but also the taste of its product, providing an unfair advantage to the discount retailer.
Judge Mellissa Clarke has been invited by Thatcher’s legal representative, Martin Howe KC, to take part in a “blind taste test”.
Thatchers' Cloudy Lemon Cider Source: The Grocer
Howe argued that such a test would prevent any influence from descriptions provided by either party.
Thatchers' Cloudy Lemon Cider was introduced in February 2020, with Aldi's Taurus brand following suit in May 2022.
Thatchers claimed that the branding of Aldi's Taurus implies a misleading commercial connection, and Howe urged the court to consider the extensive market research and investment into the product, which in total cost £3 million between 2020 and 2022.
Aldi's Taurus drink Source: The Mirror
In response, Aldi's legal team, led by Stephanie Wickenden, rejects the allegations, emphasising distinctions in brand name, logo, and stylizations of lemons.
She said: "The Aldi product is well distinguishable from the Thatchers product by reasons of its different brand name and logo.
"There are key differences in the stylisations of lemons and their leaves, and the words 'cloudy', 'lemon' and 'cider' are in a different order."
This isn’t Aldi’s first trademark battle, earlier this year it lost a case against Marks & Spencer over a similar gin product.
Aldi also battled with M&S over chocolate cake Cuthbert the Caterpillar, which was accused of being a copycat of Colin the Caterpillar.
However, this case was settled out of court in 2022 and Cuthbert returned to supermarket shelves with a few tweaks.