Aldi are well-known to ACID members and others for producing lookalikes. Though we are used to seeing similarities between Aldi’s own brand products and other household named brands, they have also been found to stock incredible likenesses to smaller, independent designs too.
Most recently, Aldi has lost a case in the High Court for their remarkably similar product to Marks & Spencer’s light up gin bottles with golden flecks. The judgment could mean Aldi will have to remove the product from their shelves. Aldi have said they will be appealing the decision, which is remarkable given M & S’s audit trail behind this product which is a registered design we understand.
Marks & Spencer are pleased with the judgment, saying they think it’s important to protect “innovation” and they value all aspects of “design, creativity, and energy it takes to bring a product to market.” Aldi commented on the judgement, saying they are determined to protect their ability to offer their customers value for money. Does value for money mean becoming part of the copycat culture? “Intellectual property is a property right and infringement is just a sanitised word for theft.”, says Dids Macdonald OBE., CEO of ACID.
Previously, Aldi and M & S were embroiled in a infamous battle for M & S ‘Colin the Caterpillar’ cake when Aldi released their ‘Cuthbert the Caterpillar’ lookalike. The media furore became humorous to some because Aldi used the accusation to create public loyalty by producing funny tweets to try and garner support. Read here. Usually it is David & Goliath but, in this case, it is Goliath v Goliath with deep legal pockets to pursue the claim.
Sadly this is not the case for lone, micro and SME designers and questions must be asked about the IP ethics, compliance and respect in situations when Aldi appear to imitate smaller designers who have their life’s business copied and similar designs sold at minimal costs. ACID member BabaB!ng found their popular baby changing bag as a lookalike example marketed under the Aldi brand. They ultimately achieved a settlement, though Aldi refused to accept liability, they at least stopped selling the product.
ACID ambassador Christine Dunford, designer for ACID member Triclimb, went through a debilitating experience with Aldi’s lawyers when she discovered an alleged infringement of her registered design and trade mark, who challenged her ownership at every step. At the end, it was so debilitating that Christine became disenchanted and she suffered extreme anxiety as a result of the David & Goliath battle. A children’s climbing frame was discovered in Aldi, with an incredible likeness to hers in 2021, which is Triclimb’s best-selling product. For businesses like these, it is the very life’s blood of their business which requires skill, design expertise, and innovation which is at threat from behemoths who produce lookalikes.
ACID CEO Dids Macdonald OBE., said, “It is interesting that there was absolutely no response from the Buying Director of Aldi when I sent a personal invitation to sign the ACID IP charter encouraging IP respect, compliance and ethics. Was I surprised? On the other hand, It is encouraging to hear that Marks & Spencer are saying they think it’s important to protect “innovation” and they value all aspects of the “design, creativity, and energy it takes to bring a product to marketplace. And this is a great step in the right direction as previously they have had a chequered history.”
ACID member, the talented, Rachael Taylor had to challenge M & S when she spotted them selling t-shirts with designs which looked remarkably similar to one of her bestselling illustrations. Read more here and here. Marks & Spencer agreed to stop selling their range. Maybe now it is time for M & S to be the first major retailer to sign our ACID IP Charter?
ACID has been campaigning for 25 years encouraging large companies to be the big voices standing up for ethics in design, yet all too often they are the ones who use the fast track to marketplace by copying independent designers. Hopefully, the tide is turning.
If Marks & Spencer, and others would like to sign the IP Charter, you can do so here.
References:
www.thegaurdian.com – Rachael Taylor
www.dailymail.co.uk – Rachael Taylor
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