Lawyers for supermarkets Aldi and Marks and Spencer will head to the Court of Appeal today over a festive gin-based liqueur.
Budget supermarket Aldi is appealing a High Court order that the German chain infringed upon M&S’s registered designs. His Honour Judge Hacon last January imposed a prohibitory injunction ordering delivery or destruction of the infringing products as well as an inquiry into damages.
The product at the centre of the case was a gin liqueur which contained gold flakes in a light-up bottle.
Marks and Spencer’s version was introduced for the Christmas market in 2020. In November 2021, Aldi started selling its product.
The judge, following a day-long hearing in the Rolls Building in December 2022, found Aldi’s gin liqueur product infringed on a number of M&S’ UK-registered designs.
The appeal, listed for one day at the Royal Courts of Justice, is before Lord Justice Lewison, Lord Justice Moylan and Lord Justice Arnold.
