Thatchers lose trademark fight with Aldi over rival cider drinks

Cider makers, has lost a High Court trademark battle against Aldi over rival cider products.

The Somerset-based company sued the supermarket chain over claims Aldi had "copycatted" its Cloudy Lemon Cider "in both taste and appearance".

Following a blind taste test, Judge Melissa Clarke ruled on Wednesday there was a "low degree of similarity".

An Aldi spokesperson said: "There's nothing cloudy about this judgement. It's clear cut."

At a trial in London in November, Thatchers accused Aldi of gaining an "unfair advantage" in sales by copying the product which the family-run cider business had released in February 2020.

Thatchers claimed Aldi's Taurus drink, released in May 2022, had been "riding on the coat-tails of the reputation" of the Thatchers brand, and was "misleading shoppers to believe that the ciders are the same, or in some way linked."

Fourth generation cider maker Martin Thatcher said: "As a Somerset family expertly crafting cider for 120 years, we were compelled to bring this case.

"Aldi clearly recognised the popularity of Thatchers Cloudy Lemon, a premium product that we developed by studying consumer trends and investing in innovation."

Aldi denied claims it was "passing off" its product as one appearing to be from Thatchers.

It accepted use of the Thatchers product as a "benchmark", but denied infringement of property rights.

"Aldi exclusive brands are just that: exclusive to Aldi, while leading the market on quality and price," a spokesperson said.

Judge Clarke accepted that seeing the Aldi product "would call to mind" the Thatchers trademark, but ruled there was "no likelihood of confusion" for consumers.

"I found the taste of the two products to be very similar, but I accept they are different," she said.

The judge determined that Aldi did not develop its product "with an intention to take advantage of the goodwill and reputation" of the Thatchers brand, nor was it "detrimental" to the firm's reputation.

She added the claim that Aldi's sales could only be the result of gaining unfair advantage from Thatchers' reputation "amounts to little more than supposition".

"It's clear to us that Aldi was intent on creating a product that rides on the premium position of Thatchers," added Mr Thatcher.

"So much so, that in their product development we were the only brand featured as inspiration.

"We are very disappointed that the Judge didn't agree with us, but it won't stop us from continuing to innovate and producing premium ciders."

Follow BBC West on Facebook, X and Instagram. Send your story ideas to: [email protected]