The Court of Appeal has today (April 6) upheld judgment on a case between Aldi and Dunnes Stores. The discount retailer accused Dunnes Stores of infringing on its trademarks in its advertising campaign through the use of inshore shelf labelling and shop-floor banners.
The case was originally brought to court in 2013, after Aldi received no response to its complaints about the advertising. A High Court judge ruled in Aldi’s favour in 2015, determining it was entitled to an injunction restraining Dunnes Stores from infringing on its trademarks.
The judge, Mr Justice Brian Cregan, also criticised Dunnes Stores’ “cavalier” attitude to Aldi’s complaints in ignoring its correspondence.
The Court of Appeal upheld Justice Cregan’s decision, while allowing part of the Dunnes Stores appeal, which concerned specific product comparisons originally found unlawful by the High Court.
The Court of Appeal made no decision on the specific product comparisons and shelf-edge labels and has left open the option for a retrial on these issues.
Commenting on today’s ruling, Aldi Group Buying director Finbar McCarthy said: “The grocery retail market has never been more competitive which presents both huge opportunities and challenges for customers. Customers must have confidence that the advertising they are exposed to is clear and lawful. Today’s ruling further cements that protection for customers and for retailers like Aldi.”
© 2017 - Checkout Magazine by Donncha Mac Cóil
