Aldi’s Copycat Gin Confirmed ‌as Infringing M&S’s Registered⁢ Designs: Court of Appeal Guidance on UK Registered Design Infringement

In a recent‌ ruling by the Court⁣ of⁣ Appeal in the UK, Aldi’s copycat gin has been confirmed as ​infringing upon⁤ M&S’s registered ‌designs. This case serves​ as a valuable lesson for businesses in the FMCG industry regarding the importance⁣ of protecting their intellectual property rights. Let’s delve into the details of the case and‌ the guidance ‍provided by‍ the Court of Appeal.

Case Background

In⁢ this⁣ case, M&S filed⁤ a claim against Aldi for infringing on its registered designs for a gin bottle. The Court ​of ⁣Appeal found that Aldi’s gin bottle design​ was indeed similar to M&S’s registered designs, and‍ therefore⁢ constituted infringement of intellectual‍ property rights. The court ruled in favor of M&S, highlighting the⁤ importance of protecting⁤ registered designs in the⁢ FMCG ‌sector.

Court of Appeal Guidance

The Court of Appeal’s ruling in this⁤ case provides important⁤ guidance on ​UK registered design infringement. Key points from the judgment include:

Implications for the FMCG Industry

This case has significant implications​ for businesses in⁤ the FMCG⁤ industry, where product design plays a ⁢crucial role in brand differentiation and consumer appeal.‍ By highlighting the importance of protecting registered designs, the ruling emphasizes the need for companies⁣ to‌ invest in intellectual property rights protection to safeguard their business interests.

Benefits and Practical Tips

Here are some ⁤benefits and practical tips for businesses⁢ operating in the FMCG sector:

Benefits Practical Tips
Enhanced ​brand reputation Consult ‍with intellectual property experts to conduct design clearance searches
Legal protection against⁤ infringement Register designs to secure ​exclusive rights
Market differentiation Monitor competitor⁣ designs to avoid‌ unintentional infringement


The ruling in ​the Aldi vs. M&S registered​ design infringement case serves as ⁢a stern reminder to⁢ businesses‍ in the FMCG industry about the importance of protecting ⁣their intellectual property rights. By investing in the registration‌ of designs and conducting thorough ​due diligence, companies can avoid legal disputes and safeguard their brand reputation. The guidance provided by⁣ the Court of‍ Appeal‌ offers‍ valuable ​insights into UK registered ⁢design ⁤infringement and ‌sets a precedent for future cases in​ the⁣ FMCG sector.

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