About time too! Aldi successfully sued

Islestarr the Claimant successfully sued Aldi against copying its Starburst Design, which decorated the lid of a package containing two makeup powders and secondly, the Powder Design, which is embossed into each of the two separate makeup powders in the package. Over the last five-and-a-half-years, Islestarr have sold £12.9 million of Filmstar Palettes. Aldi it was claimed copied the designs so as to produce its own versions and as it does sells them cheaply as little as £4.99!

Under English law lead case is Designers Guild Ltd v Russell Williams (Textiles Limited) [2001] FSR 11, where it was set out that:

the court must undertake a visual comparison of the two designs noting the similarities and the differences. The purpose… [being] to judge whether the particular similarities are relied on are sufficiently close, numerous or extensive to be more likely to be the result of copying rather than of coincidence.

Relying on this the Judge found that the similarities were substantial, both quantitatively and from a qualitative perspective.

Aldi was bagged! Pity more brand owners don’t adopt this approach!

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