Aldi loses court battle with M&S as popular product could be pulled from shelves

dailyrecord.co.uk:

Aldi has lost its latest court battle with high-street giant M&S and the result could mean that a popular festive product is pulled from its shelves.The supermarket giant was accused of "copying" the retailer's Christmas light-up gin bottle designs with its own-branded version that has since become a fast hit with shoppers.It has since been ruled by the High Court that Aldi has infringed the design of its rival's product in a major blow to the German discounter which it has since denied.

Aldi has said that it will be appealing the decision which could see them having to pay damages to M&S or pass on profits from sales of the product.M&S sued Aldi for allegedly infringing the design of its "light-up gin bottles" which were sold during Christmas 2020, claiming that Aldi's 2021 gold flake blackberry and clementine gin liqueurs were "strikingly similar" to its own products.Lawyers for M&S said their client’s designs were part of its "Gin Globes Project" which saw products first launched in 2019.The high street bellwether said the idea for a light in the base of the bottle came to a product developer who saw lighting shops in London's Kensington High Street.An M&S spokesman said: "We are pleased with the judgment, which demonstrates the importance of protecting our innovation."For over 138 years, customers have turned to M&S for unique, original, quality products – conceived, created and developed by us working with our trusted suppliers and produced to the highest standards."Like many other UK businesses, large and small, we know the true value and cost of innovation and the enormous time, passion, creativity, energy and attention to detail, that goes into designing, developing and bringing a product to market."Our customers