Design (Registrations) To Win -This Time Its GIN! – M&S vs ALDI

This case illustrates how a well thought out design registration strategy helped Marks and Spencer (M&S) win the day against the discount specialist, Aldi. It is another chapter in the ongoing saga between established product/brand leaders and the producers of affordable/discount lookalikes. This time the products in question are festive themed light-up novelty gin/liqueur bottles with the drink containing gold flakes.

The underlying message is that M&S' design registrations gave it a strong basis to successfully assert design infringement and prevent the use of Aldi's lookalike product. Highly attractive aspects of registering designs include their speed of registration and their relatively modest cost. Such registrations can provide an effective deterrent against third party copying of the get-up/appearance of products.