Marks and Spencer has launched a legal claim against Aldi, arguing the design of the discounters gold flake gin is “strikingly similar” to its ‘Light Up’ gin range.
As a result, M&S is seeking a High Court injunction restraining Aldi from further alleged infringement of its protected designs.
Papers filed at the High Court earlier this month alleged that since around early November, Aldi has been selling gold-flake gin liqueurs branded “The Infusionist” in different flavours with bottle designs that are replicates of the M&S’s Light-Up Gin.
M&S is seeking an injunction to restrain Aldi from infringing its designs, requiring the discounter to surrender or destroy its stock and pay damages, plus costs.
However, Aldi has already rejected requests to stop selling the products, despite having an identical bell-shaped bottle featuring gold flakes.
Ald’s range retails at £6 less than M&S’s ‘Light Up’ gin.
According to the documents, Aldi’s liqueurs “constitute designs which do not produce on the informed user a different overall impression to the M&S designs”;
The news comes as M&S accused Aldi of replicating its iconic Colin the Caterpillar cake, saying Aldi’s Cuthbert the Caterpillar design infringed its Colin trademark.
M&S argued that the similarity of the discounter’s cake led consumers to believe they are of the same standard and “ride on the coat-tails” of M&S’s reputation with the product.