Two retailers that have been in battle a lot over recent years, now know the outcome of their latest clash.
Marks and Spencer told action against budget retailer Aldi, claiming that Aldi had copied their eye catching light-up gin bottles.
The gin products were released at Christmas and designed to look like snow globes once they were lit up.
M and S claimed that Aldi’s product was too similar to their design, with both products containing gold flakes in bell shaped glass bottles.
In response to the claim Aldi claimed that the design was commonplace and therefore there was no infringement on their behalf.
The matter was considered by the Intellectual Property Enterprise Court who submitted their decision this week.
His Honour Judge Hacon determined that the products do not give a different overall impression as there is a number of shared features. On this basis, M and S were successfully in arguing that Aldi had infringed their design rights.
M and S are seeking damages and costs so it will interesting to see how much this will cost Aldi.
One very expensive G and T!
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