News 18 December 2021

M&S seeking High Court Injunction against Aldi over Christmas Gin Liqueur

18 December 2021
m&s gin

M&S is once again taking aim at Aldi, this time over an Aldi gold flake blackberry gin liqueur.

M&S argue that the Aldi version is “strikingly similar” to its own glittery gin and wants to have the matter heard in court.

The case will centre around several features that M&S say are protected including the bottle shape, gold flakes and the graphic on the bottle.

M&S said in its claim that Aldi was able to “ride on the coat-tails” of the reputation of its product and that customers would be misled and made to believe that the two gins were of the same standard.

M&S want an injunction to stop any more alleged infringements of their designs as well as for remaining bottles to be destroyed in addition to a damages payment.

In a statement, they said,  “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.”

Aldi responded on Twitter with, “We Colin our lawyers #Round2 #FreeCuthbert”

The tweet was of course a reference to the infamous Colin the Caterpillar versus Cuthbert the Caterpillar legal battle that occurred earlier this year when M&S took aim at Aldi for allegedly infringing the design of their caterpillar cake.

(Image credit: patat /