Exeter-based law firm Stephens Scown LLP has successfully represented Somerset cider-maker Thatchers in a Supreme Court ruling that will help South West brands stand up to supermarket copycats.
The Supreme Court this week refused Aldi permission to appeal against an earlier ruling that its version of Thatchers’ Cloudy Lemon cider took unfair advantage of the Somerset company’s reputation.
The dispute began in 2022 when Thatchers, which launched its Cloudy Lemon cider in 2020, initiated proceedings against Aldi after the retailer introduced its own version in 2022.
Although Aldi was initially successful in the High Court, that decision was overturned by the Court of Appeal, which found that Aldi had intended to remind consumers of Thatchers’ mark and had taken unfair advantage of its reputation.
Aldi then sought permission to appeal to the Supreme Court, arguing the Court of Appeal had created a new wrong of “mere copying.” Thatchers defended the decision, clarifying that the Court of Appeal had not created any new wrong.
The Supreme Court has now refused Aldi’s appeal.
Thomas Chartres-Moore, head of the Intellectual Property and Data Protection team at Stephens Scown, said: “Brands should take note of the protective and pro-active strategy that Stephens Scown has adopted with Thatchers, as it is vital that brands have the right portfolio of intellectual property, and clearance in the marketplace, to successfully enforce their brands.
With other brands taking this approach, Thatchers v Aldi marks the end of the dupe/copycat business model, and no longer can supermarket products be ‘like brands, only cheaper’.”
He added, “The refusal of Aldi’s appeal solidifies the Court of Appeal’s decision, confirming that Aldi took unfair advantage of the Thatchers trade mark.
This landmark ruling is the first of its kind in the UK and demonstrates that brands with well-managed intellectual property portfolios can stand up to competitors and supermarkets that create ‘dupes’ and ‘copycat’ products.”
Stephens Scown LLP is the first large UK law firm to become employee owned and has offices in Exeter, Truro and St Austell. The firm is also a certified B Corp and is committed to becoming Net Zero by 2025.
