// M&S takes Aldi to court over allegedly copying its Christmas gin design
// M&S is seeking an injunction to restrain Aldi from infringing its designs
// Aldi has already rejected requests to stop selling the products
Marks & Spencer has launched a legal claim against Aldi for allegedly copying its ‘Light Up’ Christmas gin.
M&S is seeking a High Court injunction restraining Aldi from further alleged infringement of its protected designs.
Papers filed at the High Court 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.
READ MORE: Caterpillars in court: What retailers can learn from M&S and Aldi’s copycat row
The M&S gin costs £6 more than the Aldi version, which has an identical bell-shaped bottle that is illuminated from below, with gold flakes in the liquid.
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.
M&S is seeking an injunction to restrain Aldi from infringing its designs, require it to surrender or destroy its stock and pay damages plus costs.
Aldi has already rejected requests to stop selling the products.
The dispute comes after M&S accused Aldi of copying its iconic Colin the Caterpillar cake, and said Aldi’s Cuthbert the Caterpillar design infringed its Colin trademark.
Aldi has teased M&S on social media over that High Court action, which is ongoing, using a #FreeCuthbert hashtag.
Had a pretty busy weekend ngl. #FreeCuthbert pic.twitter.com/Gqm5Xn6SH1
— Aldi Stores UK (@AldiUK) April 19, 2021
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