Aldi loses court battle over M&S gin - what's the future of supermarket's dupes

02 February 2023 , 11:11

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M&S bottle, left, alongside the version by Aldi (Image: PA)

A court has ruled in favour of Marks & Spencer over rival chain Aldi's dupe of their light up Christmas gin bottle.

Aldi lost the battle this week after the High Court ruled the budget supermarket had infringed M&S' design, despite denying they had directly copied the bottle.

The German chain has claimed it will be appealing the ruling, but if unsuccessful, may be ordered to pay damages or pass on their profits from the drink.

M&S sued the discount retailers in December 2021, claiming their gold flake blackberry and clementine gin liqueurs were a "strikingly" uncanny resemblance to one they sold during the Christmas 2020 season.

M&S' light up gin bottle, which was inspired by shop windows on Kensington High Street (PA)

Aldi's gold flake gin was described as strikingly similar to the M&S original (Aldi)

They also claimed their 2020 bottles were part of a wider 'gin globes' range launched the year prior, with a product designer coming up with the idea for a light up base from lighting shop displays on Kensington High Street.

M&S wins high court battle with Aldi over design of Christmas light-up gin

A spokesperson for M&S said: "We are pleased with the judgment, which demonstrates the importance of protecting our innovation.

The M&S Christmas gin was so popular it had to be slapped with a buying limit at the time (M&S)

"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."

Colin the Caterpillar is much-loved by M&S shoppers

(ALDI)

An Aldi spokesman said the company was "disappointed" with the judgment and would be "appealing the decision".

"Aldi is committed to offering customers the highest quality products at the lowest possible prices," they added.

The legal battle follows a lawsuit settled early last year between the same two supermarkets, after M&S took Aldi to task over a dupe of its iconic Colin the Caterpillar cake.

The case was brought against the German discounter in April 2021 after noticing a striking resemblance of their own version, which was named Cuthbert the Caterpillar.

Cuthbert later became the source of online jokes, with Aldi even taking a swipe with its "#FreeCuthbert" campaign and posting a virtual olive branch on Twitter on International Peace Day in September.

"We are using this International Day of Peace to extend our antennae out to @marksandspencer," the chain wrote.

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Aldi is well known for its cheeky dupes of supermarket favourites, with the latest ruling casting uncertainty over their future.

So far, the budget supermarket has launched its very own Jaffa Cakes, 'Titan' bars which rival iconic chocolate Mars Bars and even a similar version of Mini Cheddars, named "Mini Cheese Bakes".

Mars chocolate bars are filled with a nougat and caramel (Mars)

Aldi's take on Mars is called Titan

Aldi has also brought out budget versions of Coca-Cola and Diet Coke, cheesy Doritos named 'Tortilla Chips' and its very own cream liqueur named 'Ballycastle' with a bottle design uncannily similar to festive favourite, Baileys.

A 70cl of Ballycastle costs just £4.49 compared to a litre bottle of Baileys for £22 in Sainsbury's - a saving of more than £15 per litre.

Bailey's cream liqueur

Aldi's Ballycastle Irish cream liqueur (Daily Record)

Aldi's budget Doritos meanwhile will save you more than £1, costing 79p for a 180g bag compared with £2 for 200g from Tesco.

The store also does its own crisps similar to Pringles, simply called Snackrite potato snacks.

Doritos will set you back £2 for a 200g bag from rivals Tesco (Doritos)

Tortilla chips are just 79p from Aldi

Fans of Coca-Cola who don't want to shell out on family-sized bottles can also pick up a bargain in Aldi.

A litre bottle of Coca Cola from Sainsbury's costs shoppers £2.25, whereas a Vive Cola from Aldi is as little as 47p.

Other dupes the store has done include its own Belgian chocolate seashells similar to the Guylian boxes, as well as branching into beauty products with its Lacura skincare range.

Susie Beever