Registered Designs - The Appeal in Marks and Spencer Plc v Aldi Stores Ltd
Jane Lambert Court of Appeal (Lords Justice Lewison, Moylan and Arnold) Marks and Spencer PLC v Aldi Stores Ltd [2024] EWCA Civ 178 (27 Feb 2024) This was an appeal against the relief granted to Marks and Spencer Plc ("M&S") by His Honour Judge Hacon for infringement of the above-registered designs by Aldi Stores Ltd. ("Aldi") for the reasons set out in Marks and Spencer Plc v Aldi Stores Ltd . [2023]EWHC 178 (IPEC) 31 Jan 2023 which I discussed in Registered Designs - Marks and Spencer Plc v Aldi Stores Ltd . on 20 Feb 2023. Aldi appealed on 7 grounds with the permission of Judge Hacom and Lord Justice Arnold while M&S raised another in a respondent's notice. The appeal came before Lord Justices Lewison, Moylan and Arnold on 23 Jan 2024 who handed down judgment on 27 Feb 2024. By para [64] of his judgment in Marks and Spencer PLC v Aldi Stores Ltd [2024] EWCA Civ 178., Lord Justice Arnold dismissed the appeal. Lord Justic...