Cloud cast over the future of trade mark disputes

Nikki Knappett is a Partner in the Primas Law Commercial Team and specialises in brand protection, intellectual property rights and trademarks. She reports on the latest decision in Thatchers v. Aldi this week.

Aldi has had their request for permission to appeal a recent Court of Appeal trade mark decision refused by The Supreme Court in a landmark case for packaging and trade mark law in the UK.

This confirms the  Court of Appeal decision in favour of Thatchers, ruling that the Aldi packaging was sufficiently similar and deliberately intended to remind consumers of Thatchers, meaning that use granted Aldi an unfair advantage by leveraging Thatchers’ reputation.

A chilling reminder that:

• Copycats might sell fast… but the bill comes later.
• Reputation is everything – and protecting it is non-negotiable.
• Whether you’re a caterpillar or a cider, being unmistakably you is the real win.

Cuthbert: Still With Us… But for How Long?

He stares at us from the office fridge. One eye missing. Half a face gone. The icing, once proud and vibrant, now dulled by time and betrayal.

Yes – Cuthbert the Caterpillar still lives. But just barely.

Cuthbert’s fate hangs in the balance. Will someone eat him? Will HR intervene? Will he return, reincarnated as another form?

Only time (and fridge temperature) will tell.

In the meantime, we raise a glass (of legitimately branded cider) to standing out – for all the right reasons.

For more information about trade marks, intellectual property and protecting your brand, contact Nikki Knappett via nikki.knappett@primaslaw.co.uk.