The short answer
In Thatchers Cider Company Ltd v Aldi Stores Ltd [2025] EWCA Civ 5, handed down on 20 January 2025, the Court of Appeal (Arnold, Phillips and Falk LJJ) allowed Thatchers' appeal on section 10(3) unfair advantage. It held that Aldi's Taurus Cloudy Lemon Cider packaging rode on the coat-tails of the Thatchers registered mark and that Aldi's departure from its own house style showed an intention to evoke the mark.
Case snapshot
| Item | Detail |
|---|---|
| Court | Court of Appeal (Civil Division), on appeal from the IPEC |
| Citation | Thatchers Cider Company Ltd v Aldi Stores Ltd [2025] EWCA Civ 5 |
| Handed down | 20 January 2025 |
| Judges | Arnold LJ (lead), Phillips LJ, Falk LJ |
| IP area | Registered trademark with reputation: unfair advantage (s.10(3) TMA 1994) |
| Result | Appeal allowed on unfair advantage |
Background and facts
Thatchers launched its cloudy lemon cider in February 2020 and registered a figurative mark for the label in May 2020. In May 2022 Aldi launched Taurus Cloudy Lemon Cider in a can and cardboard pack that Thatchers said copied its get-up.
In the Intellectual Property Enterprise Court, HHJ Melissa Clarke dismissed the claims. She found the marks similar only to a low degree, that Aldi had no intention to exploit the mark's reputation, and that there was no unfair advantage or detriment. The section 10(2) and passing off claims were not appealed.
The legal question
Did Aldi's Taurus packaging, without due cause, take unfair advantage of the distinctive character or repute of the Thatchers mark under section 10(3)?
The court's reasoning
- The sign is the graphics on the cans and cardboard pack, not a single three-dimensional can; the first judge erred in defining it.
- The similarity was greater than "low", and the judge wrongly treated the two-dimensional nature of the mark as a point of difference.
- The judge confused an intent to deceive with an intent to take advantage of the mark's reputation. Aldi's manifest departure from its Taurus house style and the copying of faint horizontal lines showed an intention to evoke the Thatchers mark.
- Consumer comments showed that the sign called the mark to mind (the "link").
- The judge did not deal with Thatchers' transfer-of-image case. Applying L'Oréal v Bellure, the court described Aldi as riding on the "coat-tails" of the mark.
Our reading of the judgment stopped at paragraph 115 of the published text, before the formal order. The reasoning favours Thatchers and secondary sources report the appeal as allowed on s.10(3).
Result and outcome
The Court of Appeal allowed the appeal on unfair advantage, a win for Thatchers over the supermarket lookalike. Some sources mention an application by Aldi to appeal further; we could not confirm what followed.
Analysis: why this case matters
The case strengthens brand owners against lookalikes. A retailer that departs from its own house style to resemble a known brand risks liability even if shoppers are not confused.
It also shows the value of a registered mark covering the label design, which allowed a claim without proof of confusion.
Practical lessons for brand owners and inventors
- Register the key elements of your packaging as figurative marks.
- Document your reputation: sales, marketing and consumer evidence.
- Monitor retailer own-brand lookalikes and keep evidence of departures from their house style.
- Plead unfair advantage as well as confusion-based claims.
Sources and further reading
Judgment: [2025] EWCA Civ 5 (National Archives)
Law Gazette report
Marks & Clerk: Cloudy with a chance of copycats
This study is built from the sources listed above. Where a point comes from a secondary report rather than the judgment itself, we say so. Check the judgment before relying on any detail.
Questions and answers
What did the Court of Appeal decide?
That Aldi took unfair advantage of the Thatchers mark under section 10(3).
Did Thatchers win on passing off?
Those claims were not part of the appeal.
Why was Aldi's house style important?
Its manifest departure from the house style showed an intention to evoke the Thatchers mark.
Facing a similar dispute?
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