M&S is suing Aldi in fresh spat over gin

Marks & Spencer is suing Aldi for allegedly copying its “Light Up” gin just months after the supermarket rivals faced off over caterpillar cakes.

M&S has filed court papers which say that Aldi’s gold flake blackberry and clementine gin liqueurs are “strikingly similar” to the Light Up gin it sold last Christmas and for which it holds a registered design.

It is seeking a High Court injunction restraining Aldi from further alleged infringement of its protected designs, an order for Aldi to destroy or hand over anything constituting a potential breach of the injunction and an inquiry into damages arising from the alleged infringement.

The court papers include the registered design images of M&S Light Up gin. A list of features M&S says are protected include the shape of the bottle, an integrated light feature, gold leaf flakes and a winter forest graphic.

M&S has also provided a number of examples of comparisons made in the press between the two products.

Both retailers’ gins come in a bell-shaped bottle with a light in the base, which

illuminates edible gold flakes in the liquid. The Aldi gin is about £6 cheaper than the £20 M&S version.

An M&S spokesperson said: “We have a proud history as a leading British innovator and for over 136 years customers have turned to M&S for unique, original, quality products – conceived, created and developed by us working with our trusted suppliers and produced to the highest standards.

“So, like many other UK businesses, large and small, we know the true value and cost of innovation and the enormous time, passion, creativity, energy and attention to detail, that goes into designing, developing and bringing a product to market and building its brand over many years.

“Our customers have confidence in our products because they trust our quality and sourcing standards, so we will always seek to protect our reputation for freshness, quality, innovation and value – and protect our customers from obvious copies.”

In April, M&S started legal action against Aldi in an effort to protect its Colin the Caterpillar cake with a claim that its rival’s Cuthbert the Caterpillar product infringed its trademark.

Aldi did not respond to a request for comment.

DISPUTE: The M&S Light Up gin, left, and the design for Aldi’s new gin liqueurs.