Wragge Lawrence Graham & Co

UK 200 2013 position: 25

Another lookalike fight — why Aldi has won the first round

By Bonita Trimmer

Our brands team has prepared an analysis of this interesting judgment and a more general analysis of all the options available to brand owners in the fight against lookalikes.

In another UK lookalike dispute between the sellers of a well-known branded product and a supermarket chain, Aldi has defeated a passing-off claim made by the ‘Morcoccanoil’ brand owner (MIL). Both MIL and Aldi sell their rival hair care products in a turquoise-blue-coloured box that has orange graphics and vertical writing printed on it.

The Intellectual Property Enterprise Court (IPEC) judge found that there was a conscious decision by Aldi to make the packaging for its ‘Miracle Oil’ product reminiscent of the Moroccanoil get-up, with the intention of making the public think of it and that Aldi had succeeded in its intention. However, the judge also held that the Miracle Oil name and packaging did not, in the circumstances, constitute a false representation in respect of any trade connection between the two products or their manufacturers and therefore there was no passing off…

Click on the link below to read the rest of the Wragge Lawrence Graham & Co briefing. 

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