Registered Designs - Marks and Spencer Plc v Aldi Stores Ltd.
Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon) Marks and Spencer Plc v Aldo Stores Ltd . [2023]EWHC 178 (IPEC) 31 Jan 2023 This was a claim for the infringement of the following registered designs: 6134278 6134280 6134282 6134284 , and 6134276 . The designs were registered on 29 April 2021 by Marks and Spencer Plc ("M&S"). M&S complained that Aldi Stores Ltd ("Aldi") had infringed those registered designs by marketing and selling gin liqueurs in the following bottles from Nov 2021: The action came on for trial before His Honour Judge Hacon on 16 Dec 2022 who delivered judgment on 31 Jan 2023. The last of the 5 designs was not pursued. At para [84] of his judgment, the learned judge concluded that the marketing of those gin liqueur products infringed the first 4 registered designs ( Marks and Spencer Plc v Aldi Stores Ltd . [2023] EWHC 178 (IPEC)). Legislation Judge Hacon noted that the Registere...