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Thursday 16 December 2021 11:42 am  |  Updated:  Thursday 16 December 2021 12:23 pm

M&S declares war on Aldi over ‘obvious’ copy of Christmas gin

By: Emily Hawkins

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Marks and Spencer has launched legal action against discount supermarket rival Aldi, over what it alleges is a copycat gin.

Aldi’s ‘The Infusionist’ gold-flake gin liqueur range has been accused of copying M&S’ Light-Up Gin, in papers filed at the High Court earlier this month.

M&S registered three varieties of its designs earlier this year, the Financial Times first reported.

Both bottle designs are bell-shaped and illuminated from below, with edible gold flakes in the drink.

M&S’ drink is £6 more than Aldi’s, which comes in clementine and blackberry flavours.

In documents filed to the court, M&S argued that Aldi’s products “constitute designs which do not produce on the informed user a different overall impression to the [M&S] designs.”

The supermarket is pursuing an injection to prevent Aldi infringing its designs, requiring it to surrender or destroy its stock and pay damages plus costs. 

It comes after Aldi has already rejected demands to take the products off shelves.

M&S’ lawyers pointed to press coverage and social media comments from members of the public that compared the two products.

“We will always seek to protect our reputation for freshness, quality, innovation and value and protect our customers from obvious copies,” the supermarket told The Financial Times.

Aldi has been contacted for comment by CityA.M.

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