Marks & Spencer sues Aldi again – this time over light up Christmas gin bottles

Supermarket Marks & Spencer is set to sue Aldi for “copying” it sell out Christmas gin design featuring glittering gold flakes.

M&S is seeking a High Court injunction against Aldi who recently started selling a gold flake blackberry gin liqueur.

In court papers, M&S has argued that the design of Aldi’s gold flake clementine gin and gold flake blackberry gin liqueur are “strikingly similar” to its own Light Up creations.

Papers include the registered design images of the M&S Light Up gin.

Plus, a list of features the supermarket claims are protected include the bottle shape, integrated light feature, gold leaf flakes and winter forest graphic.

It wants Aldi to destroy or hand over anything that could constitute a potential breach of the injunction and an inquiry into damages arising from alleged infringement.

This is the second time M&S has taken Aldi to court over a design after they took legal action over the Colin the Caterpillar cake in April.

M&S said that the Cuthbert cake infringed on its trademark and reputation.

A Marks & Spencer spokesperson told the Daily Star: “M&S has 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.

“We’ve introduced many firsts to the UK – the first chilled chicken kiev, the introduction of pre-packed sandwiches, glitter gin globes, the first and only retailer to sell 100% RSPCA Assured milk and of course our character products. "

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They continued: "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.”

The Daily Star contacted Aldi for comment but no statement had been made at the time of publication.

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