Drinks firm Thatchers has launched a bid to overturn a Excessive Court docket ruling that denied its claims Aldi “copycatted” its cider.
The Somerset-based cider maker sued the German low cost chain for allegedly infringing the trademark of its cloudy lemon cider.
It argued Aldi’s Taurus model had copied its product.
Nonetheless, in January the Excessive Court docket in London dismissed Thatchers’ case.
Decide Melissa Clarke concluded there was a low diploma of similarity between the merchandise and no chance of confusion for shoppers.
To assist kind her judgment she carried out a blind take a look at of the 2 merchandise and concluded they have been completely different, regardless of making it clear she was “no expert” and “found the taste of the two products to be very similar”.
On Tuesday, Thatchers went to the Court docket of Enchantment to problem the ruling.
Martin Howe KC, for Thatchers, mentioned in written submissions: “This a case where the Court of Appeal can justifiably interfere with the judge’s findings at first instance, and should do so.
“Her judgment comprises conclusions that aren’t rationally supportable and her total discovering that there was no unfair benefit is based on errors of precept.
“Accordingly, and notwithstanding the high threshold for interference, Thatchers respectfully say this is a case where such interference is both appropriate and necessary, and request therefore that its appeal be allowed.”
Mr Howe mentioned there was no rationalization within the decide’s reasoning as to “why it was not to be expected that Aldi would gain an advantage as a result of the link she had held would arise in the minds of consumers”.
Michael Edenborough KC, for Aldi, instructed Lord Justice Arnold, Lord Justice Phillips and Girl Justice Falk it was lower than the court docket to intrude with findings of truth.
He mentioned: “We say that [the judge] reached the right conclusions based on the evidence that was before her.”
Mr Edenborough added: “They [Aldi] try to act within the law at all times.
“The way in which wherein this has manifested itself is that there was no intention to learn from the goodwill or the repute.”
He said Aldi does not “have an intention to do something nefarious”.
The listening to is about to conclude on Wednesday and a call is predicted in writing at a later date.
