Exclusive: Marks & Spencer wins court battle with Aldi over copycat gin design

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Marks & Spencer has come out on top in a legal showdown with value grocer Aldi over a seasonal ’light-up’ gin that was found to have infringed design rights.

Marks & Spencer took Aldi to court over the gin, which the food and fashion giant had sold during Christmas 2020. M&S’ product was described as “very Instagrammable” and included details such as a light feature in the base of the bottle. M&S argued that an Aldi product breached its registered designs.

In a High Court of Justice judgement revealed today, His Honour Judge Hacon concluded that “the marketing of Aldi’s liqueur products complained of infringes M&S’… registered designs”.

He added: “Going back to the statutory test, it is whether the [registered designs] in suit and the Aldi bottles produce a different overall impression. In my judgement, they do not because of the features they have in common…

”The differences to which Aldi points are there but they are differences of relatively minor detail which do not affect the lack of difference in the overall impressions produced by the Aldi bottles on the one hand and each of the [registered designs] in suit on the other.”

Factors such as the integrated light, a snow effect and bottle shape were seen as being held in common.

A spokesman for M&S, which was represented by law firm Stobbs, said: “We are pleased with the judgement, which demonstrates the importance of protecting our innovation.

”For over 138 years, customers have turned to M&S for unique, original, quality products – conceived, created and developed by us working with our trusted suppliers and produced to the highest standards.

”Like many other UK businesses, large and small, we know the true value and cost of innovation and the enormous time, passion, creativity, energy and attention to detail, that goes into designing, developing and bringing a product to market. Our customers have confidence in our products because they trust our quality and sourcing standards so we will always seek to protect our reputation for quality, innovation and value.”

An Aldi spokesperson said: “We are disappointed with this judgement and will be appealing the decision. Aldi is committed to offering customers the highest quality products, at the lowest possible prices.”

The dispute was not the first between Aldi and M&S. The pair settled out of court after M&S accused Aldi of copying its Colin the Caterpillar cake.