Thatchers invite judge to 'taste test' in row with Aldi

A judge has been invited to take a "taste test" of rival cider drinks in a High Court trademark dispute.

Somerset brewer Thatchers is suing German discount retailer Aldi for infringing the trademark of its Cloudy Lemon Cider.

The family firm accuses Aldi of gaining an unfair advantage by copying the product for its Taurus cider "in both taste and appearance".

Aldi lawyers denied it was "riding on the coat-tails" of Thatchers.

The trial began in London on Thursday.

The brewer has made cider from Myrtle Farm in Somerset since 1904.

Thatchers' Cloudy Lemon Cider was released in February 2020, and Aldi's Taurus brand in May 2022.

Lawyers for Thatchers argued the branding for Taurus drink was "likely to misrepresent to consumers some commercial connection to Thatchers".

Martin Howe KC, representing the West Country brewer, invited Judge Mellissa Clarke to a "blind taste test".

"We suggest that such a test should be conducted as a blind test, so that the court is not swayed by any descriptions provided by either party," he said.

Mr Howe said the Thatchers product was developed through extensive market analysis, feedback and testing, and that the company had spent £3m on marketing between 2020 and 2022.

The barrister said Aldi had achieved "extraordinarily high" sales of its Taurus product after a "lack both of development investment, or marketing spend".

He said this "can only have been achieved by reason of Thatchers' investment in the Thatchers product".

The German retailer denies infringement and "passing off" its product as one appearing to be from the family-run brewer.

In written arguments, Stephanie Wickenden, for Aldi, said the court should "dismiss the claim in its entirety".

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."

Ms Wickenden added the "core of the distinctiveness" of the Thatchers trademark was the brand name, with other aspects being "descriptive or at most anodyne".

Aldi lost a court battle with Marks and Spencer in February this year, after being accused of copying its light-up Christmas gin bottles.

The trial continues, with a ruling expected at a later date.

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