A judge is due to carry-out a ‘blind taste test’ between two rival ciders as it determines the outcome of a ‘knock-off’ trademark dispute.
Her Honour, Judge Melissa Clarke, will decided whether there is a similarity between Thatchers cloudy lemon cider and Aldi’s Taurus brand.
Thatcher’s is reportedly suing Aldi for infringement and pass off over its launch of the Taurus drinks in May last year. Martin Howe KC, for Thatchers, told a hearing at the Rolls Building that Aldi had an ‘unfair advantage’ after launching its Taurus product due to the similarity its packaging had with the Thatchers product.
Howe said:
“This has given Aldi an advantage. They do not seem to have promoted this product but have achieved very large sales from a standing start and that was, in essence, their plan all along, which was to use the similarity between the appearance of the products.”
“‘There is a real risk that some consumers, bearing in mind the very rapid nature of the transaction, plonking it in their trolley thinking it is the Thatchers product.”
Howe asked the judge to carry out a blind taste test to see if she could tell the difference between the produce. He told the court that his junior and pupil tried had already tested the drinks using cups marked ‘A’ and ‘B’.
But he said although the drinks taste “materially different” to a “substantial number of people” it could “skew” the public appreciating of the product and damage the trademark.
Clarke has agreed to the taste-test but said she would do it in private as she has a “no-alcohol while sitting” rule.
According to The Law Gazette, Aldi denied any intention to deceive consumers or to “ride on the coat tails” of Thatcher’s registered trademark.
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