It is well known that Aldi likes to tread the fine line between taking inspiration from well-known brands to taking too much. A recent example of this would be the case that Charlotte Tilbury brought against Aldi in which the High Court held that Aldi had infringed the copyright in the original make-up palette.
The current situation is not too dissimilar in which Aldi has launched their new ‘Anti Establishment’ IPA which bears an uncanny resemblance to BrewDog’s Punk IPA and surprise surprise, Aldi’s product comes in slightly cheaper.
However, there is a twist.
On 20th August 2020, James Watts of BrewDog tweeted about a new product they are launching called YALD IPA, which one may notice seems to have taken some inspiration from not only Aldi’s name but also their logo. Although there does seem to have been some jest back and forth between the two companies, it does highlight the importance of ensuring that the packaging of your products are protected.
When dupes are created, it is highly unlikely that your trade mark rights will be enough to stop the infringer. This is because it is likely that a dupe will not be using your trade mark, however they may make their product look similar. This is where it is important that you protect the rights in the packaging by registering the surface decoration as a registered design and ensure that you have adequate evidence of the creation of the packaging/designs to give you the best chance of successfully enforcing your copyright in the designs of the packaging.
Briffa are experts in all aspects in intellectual law and practice and offer a free initial consultation. If have created a new product and wish to discuss the best way to protect it, then please contact us for a free consultation with one of our specialist lawyers on 020 7288 6003 or at email@example.com.
Written by Ceyda Sam, Solicitor