NIPC Law

  Jane Lambert Court of Appeal (Lords Justices Arnold and Phillips and Lady Justice Falk)    Thatchers Cider Company Ltd v Aldi Stores Ltd [2025] EWCA Civ 5 (20 Jan 2025) This was an appeal by Thatchers Cider Company Ltd.  ("Thatchers") against the dismissal of its claim for trade mark infringement and passing off by Her Honour Judge Melissa Clarke in  Thatchers Cider Company Ltd v Aldi Stores Ltd [2024] EWHC 88 (IPEC) (24 Jan 2024).  I discussed that case in Trade Marks and Passing off - Thatchers Cider Company Ltd v Aldi Stores Ltd   on 24 Jan 2024.  The appeal was heard by Lord Justice Arnold, Lord Justice Phillips and Lady Justice Falk on 17 and 18 Dec 2024. Videos of the argument are available on YouTube (1 7 Dec 2024 10:30 - 13:00 ,  14:00 - 16: 15) ( 18 Dec 2024  10:30 - 13:00  and 14:00 - 16:15 ).  Judgment was handed down on 20 Jan 2025.  Lord Justice Arnold delivered the lead judgment with which Lord Justi...

  Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke)  Thatchers Cider Company Ltd v Aldi Stores Ltd [2024] EWHC 88 (IPEC) (24 Jan 2024) This was an action for trade mark infringement and passing off.  It came on for trial before Her Honour Judge Melissa Clarke on 23 and 24 Nov 2024.  By para [148] of her judgment, she dismissed the claims for trade mark infringement and passing off (see Thatchers Cider Company Ltd v Aldi Stores Ltd   [2024] EWHC 88 (IPEC) 24 Jan 2024). The Dispute The claimant, T hatchers Cider Company Ltd. ("Thatchers") makes and sells various types of cider and other alcoholic and non-alcoholic drinks.  It has registered the sign that appears on the left-hand side of the above illustration as a UK trade mark for cider and alcoholic beverages except beer in class 33 under trade mark number UK3489711  with effect from 14 May 2020. The defendant, Aldi Stores Ltd. ("Aldi"), is a retailer which supplies ca...