Marks and Spencer is seeking a High Court injunction against Aldi for allegedly copying its sell-out Christmas ‘Light Up’ gin.
In court papers, M&S argues the designs of Aldi’s gold flake clementine gin liqueur and gold flake blackberry gin liqueur are “strikingly similar” to its own.
This case marks the second time the M&S has taken Aldi to court, after taking legal action against Aldi’s Colin the Caterpillar dupe in April this year.
Read more: Aldi have released their own Christmas clothing range
The papers include registered design images of M&S's Light Up gin. A list of features M&S says are protected include the shape of the bottle, an integrated light feature, gold leaf flakes and a winter forest graphic.
It also wants Aldi to destroy or hand over anything constituting a potential breach of the injunction and an inquiry into damages arising from the alleged infringement.
M&S argued earlier this year that Aldi's Cuthbert cake infringed its trademark Colin the Caterpillar and "rode on the coat-tails" of its reputation.
Aldi mocked the legal battle in its Christmas advert, which showed Cuthbert being arrested in the background of a scene. The case continues.
“M&S has a proud history as a leading British innovator and for over 136 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,” said an M&S spokesman.
“We’ve introduced many firsts to the UK – the first chilled chicken kiev, the introduction of pre-packed sandwiches, glitter gin globes, the first and only retailer to sell 100% RSPCA Assured milk and of course our character products. So, 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 and building its brand over many years.
“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 freshness, quality, innovation and value – and protect our customers from obvious copies.”
Aldi have responded on Twitter, with joking tweets posted over the last day.
One Aldi UK tweet said: "Our lawyers gonna be so rich they be shopping in @marksandspencer soon".
Another said: "Nothing like getting taken to court to give you that tingly Christmas feeling."
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