M&C in the news: Robinsons accuses Aldi of 'copycat' trademark infringement in High Court claim

It's great to see Marks & Clerk's expertise showcased in leading retail publications, The Grocer and Retail Gazette, this week as Kirsten Gilbert, Partner and Head of Brand Exploitation, Protection, and Trade Mark Litigation, shares her thoughts on the potential implications of the latest high-profile trade mark infringement case between Robinsons and Aldi.

The soft drinks brand filed a claim in the High Court on 19 March, accusing the supermarket of trade mark infringement and passing off. Further details on Robinsons’ claim are not publicly available, but similarities in the appearance of Aldi’s Sun Quench Squirty Squash and Robinsons’ Mini have been noted. 

Kirsten highlighted that the balance of power may be shifting towards brand owners following the recent Court of Appeal decision in favor of Thatchers Cider against Aldi. This latest case could further define the extent to which trade mark protections can be used to combat lookalike products in the UK retail market.

“We do not know what the claim is about, but can’t help but notice certain similarities with the get-up of the well-known Robinsons brand squash and the Aldi product sold under the Sun Quench brand,” said Kirsten Gilbert, partner and head of brand exploitation, protection and trademark litigation at Marks & Clerk. “This may be the first of several cases we see where the boundaries of this new shift in power are tested. It will be interesting for brand owners to see what happens in this new case against Aldi and the extent to which trademark registrations for the get-up of products can protect against lookalikes in the UK.”

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