Aldi loses court battle against Marks & Spencer over gin bottle design

German supermarket chain Aldi has lost the lawsuit battle after the High Court ruled that it had infringed Marks & Spencer’s gin bottle design.

The grocery chain was accused of "copying" the retailer's Christmas light-up gin bottle designs with its own-branded version.

In December 2021, Marks & Spencer sued the discount retailer, saying their gold flake blackberry and clementine gin liqueurs bore a "strikingly" obvious similarity to the ones they sold in their supermarkets over the Christmas 2020 season.

They also claimed that their 2020 bottles were part of a larger 'gin globes' collection introduced in 2019, with a product designer getting the idea for a light-up base from lighting shop displays on Kensington High Street.

"We are pleased with the judgment, which demonstrates the importance of protecting our innovation," said a representative for Marks & Spencer.

"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 have confidence in our products because they trust our quality and sourcing standards so we will always seek to protect our reputation for quality, innovation and value."

However, Aldi has said that it was “disappointed” and that it will appeal the ruling, which might result in them having to pay Marks & Spencer damages or pass on earnings from the sale of goods.

PitchMark covered a story about renowned graffiti artist Banksy who accused fashion retailer GUESS of stealing his artwork and exploiting it for promotional purposes without giving proper credit or taking permission.

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