// Aldi responds to M&S’s lawsuit over its Christmas gin design
// M&S launched a legal claim against Aldi for releasing an identical bell-shaped bottle
// The retailer is now seeking a High Court injunction restraining Aldi from further alleged infringement
Aldi has responded to Marks & Spencer after it was taken to court for allegedly copying its ‘Light Up’ Christmas gin.
M&S launched a legal claim against Aldi for releasing an identical bell-shaped bottle that is illuminated from below, with gold flakes in the liquid.
The retailer is now seeking a High Court injunction restraining Aldi from further alleged infringement of its protected designs.
READ MORE: M&S sues Aldi over “strikingly similar” Christmas gin design
Aldi took a more light-hearted approach to the legal trouble by tweeting to M&S.
It said: “Nothing like getting taken to court to give you that tingly Christmas feeling #FreeCuthbert#Round2”.
Nothing like getting taken to court to give you that tingly Christmas feeling 🎄✨🎄✨#FreeCuthbert #Round2
— Aldi Stores UK (@AldiUK) December 16, 2021
The legal case comes seven months after M&S accused Aldi of copying its iconic Colin the Caterpillar cake.
The tweets continued with Aldi writing: “We Colin our lawyers #Round2#FreeCuthbert” following up by saying: “We’re… GINNOCENT”.
Narks and Spencer more like #FreeCuthbert #Round2 https://t.co/jggNqtM2jD
— Aldi Stores UK (@AldiUK) December 17, 2021
.@marksandspencer suing us again #FreeCuthbert #Round2 pic.twitter.com/BKHvbJZkGp
— Aldi Stores UK (@AldiUK) December 17, 2021
We Colin our lawyers #Round2 #FreeCuthbert
— Aldi Stores UK (@AldiUK) December 16, 2021
Bad Boys 4 life #FreeCuthbert #Round2 pic.twitter.com/HRvW0LmpW0
— Aldi Stores UK (@AldiUK) December 17, 2021
Papers filed at the High Court by M&S on December 3 allege that since around early November, Aldi has been selling gold-flake gin liqueurs branded “The Infusionist” in different flavours with bottle designs that are copies of M&S’s Light-Up Gin.
The M&S gin costs £6 more than the Aldi version.
Aldi’s liqueurs “constitute designs which do not produce on the informed user a different overall impression to the M&S designs,” the documents said.
Aldi has already rejected requests to stop selling the products.
Click here to sign up to Retail Gazette’s free daily email newsletter