Report of Trade Mark Cases For the CIPA Journal February 2025

We report on Thatchers v Aldi in which the Court of Appeal allowed Thatchers’ appeal against the decision that there was no trade mark infringement in relation to its device mark showing the packaging of its cloudy lemon cider; Aldi had taken unfair advantage of the mark's reputation by using similar packaging. We also cover the Court of Appeal’s judgment in Dairy UK and Oatly which reinstated the Hearing Officer’s declaration of invalidity for the mark POST MILK GENERATION and report on Alice v Photogram, where the High Court assessed genuine use. Finally, we report on the PTR of the trade mark infringement case DKH Retal v City Football Group, where the High Court ordered that the parties mediate with an attempt to settle the matter before trial.