Organisation: Aldi

Moroccanoil's passing-off claim against Aldi fails in lookalike product case

In Moroccanoil Israel Ltd v Aldi Stores Ltd, the Intellectual Property Enterprise Court has found that Moroccanoil Israel Ltd, the makers of the Moroccanoil hair oil, had failed to establish passing off against Aldi Stores Limited in relation to Aldi’s own brand of hair oil sold under the name Miracle Oil. However, the decision does not open the door to supermarkets to copy branded products when designing own-brand equivalents.

17 June 2014

Why a saucy UK ‘copycat’ dispute is one to watch

Icelandic Seachill has secured a UK High Court interim injunction against German retailer Aldi after it alleged that the store’s ‘The Fishmonger Saucy Salmon Fillet’ products infringed its THE SAUCY FISH COMPANY trademarks. The case will be one for brand owners to follow, not least because it is rare for brand owners to resort to legal action against retailers in disputes centred on alleged copycat products.

06 May 2014

Central elements of short marks are as important as elements at beginning and end

In Aldi GmbH & Co KG v OHIM, the General Court has annulled a decision of the Second Board of Appeal of OHIM finding that there was no likelihood of confusion between the marks ALDI and DIALDÍ. Among other things, the court found that the board had given exaggerated attention to the graphic differences between the first four and last two letters of the DIALDÍ mark, noting that central elements of relatively short marks are as important as the elements at the beginning and end.

08 July 2013

Phantom brands take private-label products beyond supermarket shelves

A recent article in the UK’s Daily Telegraph shone a light onto the seemingly recession-proof performance of fixed-price budget chains, including Poundland. One way in which it pulls in the punters is by marketing so-called ‘phantom brands’ to create a more appealing shopping experience. Other retailers have also deployed phantom brands to increase market share – setting alarm bells ringing for name-brand owners already facing massive competition from supermarkets.

24 September 2012

Name brand and private label: the golden ratio

A number of Australian supermarket chains have sought to expand their offerings of cheaper private label or ‘own-brand’ products in response to increased demand due to the recession. While a familiar challenge to many international brand owners, Australian retailers have been warned by one industry heavyweight that there is a limit to how far they can go.

18 June 2012