MARKS & Spencer is launching fresh legal action against Aldi over a ‘copycat’ version of its popular Christmas gin.
The posh supermarket’s snow globe style bottles have become a staple of the festive season and often sell out.
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The M&S drink contains flakes of gold that add a Christmas sparkle and there’s a switch underneath that lights up the bottle.
Shoppers can pick up the gin in two flavours – clementine or spiced plum – and the 70cl bottles cost £20.
There’s also a larger 1.5 litre magnum bottle that comes in blood orange flavour and is priced at £35.
Aldi launched its own version in October this year priced £6 cheaper.
The Infusionist Glitter Glove Gin Liqueurs come in two flavours, clementine or sweet blackberry.
But now M&S is taking legal action against the discount supermarket, claiming it has copied the design.
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It’s the latest legal battle between the two shops after similar claims of copying earlier this year.
The posh supermarket argued the the similarity of Aldi’s Cuthbert the Caterpillar cake to its own Colin the Caterpillar cake leads customers to believe they’re of the same standard.
Aldi took the cake off shelves but it returned shortly after – with a different face.
Aldi launched a cuddly version of Cuthbert for Christmas after the character made a cameo appearance in its Christmas advert.
M&S filed papers with the High Court on December 3, the Financial Times reports, alleging that customers could mistake Aldi’s glitter globe gin for its own.
In the documents, M&S claims Aldi’s version “constitute designs which do not produce on the informed user a different overall impression to the [M&S] designs”.
It said an informed user is “a member of the general public who is interested in purchasing liqueur during the Christmas period”.
M&S wants Aldi to remove the gin bottles from shelves and destroy the stock, but they are currently still available to buy online.
The supermarket is also seeking damages and costs.
M&S told the newspaper it knows “the true value and cost of innovation” and was the first to bring the gin globe concept to the UK.
It said: “We will always seek to protect our reputation for freshness, quality, innovation and value and protect our customers from obvious copies.”
M&S and Aldi have been contacted for comment.
Aldi often sells “dupes” of well-known products that look very similar to other brands.
The supermarket has previously faced legal action from small businesses claiming it was ripping off its goods.
In 2019, Charlotte Tilbury also won a legal battle against Aldi after the discounter sold £6.99 copycat dupes of its £49 bronzer.
Aldi fans go wild for Jo Malone candle dupes that are back in stock and over £300 cheaper
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This post first appeared on thesun.co.uk
