Aldi denied permission to appeal Thatchers court ruling
Aldi has been denied permission to appeal against a court ruling that it infringed on the British cider brand Thatchers’ trademark with its cloudy lemon cider product.
The Court of Appeal found against the discount supermarket giant in January after the family-owned cider maker launched a legal battle in 2022.
Thatchers claimed that the supermarket chain had infringed its trademark by creating and selling a cloudy lemon cider similar to its product.
Aldi’s cloudy lemon cider, Taurus, was launched in May 2022.
At the time, Thatchers argued the Aldi product was highly similar to its own lemon cider. It noted the colour palette of yellows and greens, and the background of creamy yellow confused customers.
Aldi v Thatchers ruling to stand
However, in January 2024, High Court judge Melissa Clarke ruled in Aldi’s favour, finding it did not infringe on Thatchers’ trademark.
In her ruling, she noted that there is no likelihood of confusion between the brands, it has a low degree of similarity to the trademark, and Aldi’s use did not take unfair advantage of the trademark.
Somerset-based Thatchers then sought to appeal that decision, which went to the Court of Appeal in mid-December 2024.
In January 2025, a 45-page judgment was published in which Lord Justice Arnold allowed Thatchers’ appeal against Judge Clarke’s dismissal and found that Aldi infringed the trademark.
An Aldi spokesman at the time said the supermarket chain thought the decision was “wrong” and highlighted its intention “to appeal”.
However, the Supreme Court has denied Aldi the right to appeal the ruling.
Aldi and Thatchers have been contacted for comment by Morning Wire.
At the time of the January decision, Martin Thatcher, Thatchers’ managing director, said: “We couldn’t be happier with this decision, which vindicates our position that Aldi had taken unfair advantage of the hard work we put into our cider and brands.”
He added: “This is a victory not just for our family business, but for all businesses whose innovation is stifled by copycats.
“We’re thrilled the Court of Appeal got to the core of the issue and cleared up any cloudy judgment.”