The UK Court of Appeals reversed a previous ruling regarding Thatchers Cider's trademark infringement claim against Aldi over its Taurus Cloudy Lemon Cider. This significant decision reaffirms the interpretation of unfair advantage from the CJEU's 2009 L'Oréal ruling. Thatchers argued that Aldi's product took advantage of its brand's reputation by using it as a benchmark for their cider. While the lower court initially found no unfair advantage, the appeal highlights the ongoing debate surrounding trademark law and lookalike products in the retail sector.
Aldi was able to achieve substantial sales of [Taurus Cloudy Lemon Cider] in a short period of time without spending a penny on promoting it.
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