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.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
CJEU rules when the owner of a database is free, subject to national law, to adopt contractual terms and conditions governing its use.
Paying for delay and patent settlement arrangements — the European Commission (at last) publishes the Lundbeck decision
In 2013 the European Commission announced that it had fined H Lundbeck A/S in respect of infringements of Art 101 of the TFEU and the EEA Agreement. It has finally set out the basis for the infringements.