Somerset-based Thatchers back in court with Aldi over cider trademark

Thatchers Cider has been at the Court of Appeal - in a bid to overturn a high court ruling that denied Aldi copied one of its products.

Somerset-based Thatchers sued Aldi for allegedly infringing the trademark of its cloudy lemon cider, claiming that Aldi’s Taurus brand had copied its product.

In January this year the High Court in London dismissed Thatchers’ case, with Judge Melissa Clarke concluding there was a low degree of similarity between the products and no likelihood of confusion for consumers.

On Tuesday 17 December, Thatchers went to the Court of Appeal to challenge the ruling.

Martin Howe KC, representing Thatchers, said in written submissions: “This a case where the Court of Appeal can justifiably interfere with the judge’s findings at first instance, and should do so.

“Thatchers respectfully say this is a case where such interference is both appropriate and necessary, and request therefore that its appeal be allowed.”

Mr Howe also said there is no explanation in the judge’s reasoning as to “why it was not to be expected that Aldi would gain an advantage as a result of the link she had held would arise in the minds of consumers”.

Michael Edenborough KC, representing Aldi, told Lord Justice Arnold, Lord Justice Phillips and Lady Justice Falk that it was not up to the court to interfere with findings of fact.

He added: “We say [Judge Melissa Clarke] reached the right conclusions based on the evidence that was before her.”

Mr Edenborough also told the court: “[Aldi] try to act within the law at all times.

“The way in which this has manifested itself is that there was no intention to benefit from the goodwill or the reputation.”

He added that Aldi do not “have an intention to do anything nefarious”.

The hearing is due to conclude on Wednesday 18 December, with a decision expected in writing at a later date.