A year later, Aldi followed with its INFUSIONIST gin. A gin bottle with a similar shape, winter landscape, gold flakes, and LED lighting. M&S claims infringement, which Aldi disputes. The overall impression is entirely different, as a different brand is prominently displayed on the bottle, and the winter landscape with the Christmas tree is different.
A lawsuit ensues, and M&S wins on appeal. Key to the decision is the innovative design by M&S (there was no comparable bottle with lighting before). The Aldi bottle has the same shape, same stopper, a winter landscape, snow effect, and built-in lighting. Therefore, the Aldi bottle does not create a different overall impression. A significant blow to lookalike products. The ruling highlights the importance of design registration for an innovative design.
