UK retailer Marks & Spencer is suing Aldi UK for copying its Retail Brand Light Up gin.
M&S court papers assert that the discount grocer Aldi’s gold flake blackberry and clementine gin liqueurs are “strikingly similar” to its own product. That’s right – a British private brand is being accused of copying a British private brand.
The suit alleges that several protected features – such as the bottle shape, an integrated light feature, gold leaf flakes and a winter forest graphic are duplicated.
Both gins come in a bell-shaped bottle with a light in the base that highlights edible golden flakes floating inside.
Aldi’s gin is approximately £6 cheaper than the £20 M&S product.
In Marks’s intellectual property claim, it says customers were misled to believe the two gins were of the same standard, allowing Aldi to “ride on the coat-tails” of its reputation with the product.
M&S also wants Aldi to destroy or hand over any product that may breach the injunction, as well as an investigation into potential damages.
Aldi responded on Twitter, saying: “Our lawyers gonna be so rich they be shopping in @marksandspencer soon #FreeCuthbert #Round2”.