Copycat packaging and protected designations of origin

Discount grocer Aldi has been in the news in the last month with two unrelated cases concerning different intellectual property rights.

The first concerned copycat packaging, an issue currently very much to the fore for retailers. The Saucy Fish Co, owned by Icelandic Seachill, has instituted trademark and passing-off proceedings against Aldi. In essence, the Saucy Fish Co is arguing that Aldi has infringed its intellectual property rights by packaging some of its own-brand fish and sauce products in packs that closely resemble the Saucy Fish Co’s own packaging.

It is reported that Aldi has agreed to an interim injunction requiring it to remove the packaging in question from its shelves, pending the court’s final determination of the case…

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