In 2019, Rituals Cosmetics launched a new line of reed diffusers. To protect its distinctive shape, the company immediately applied for an EU design registration. This is a smart move since courts assume a design is valid in disputes. To qualify, a design must be novel and have an individual character—meaning no similar product should already exist on the market. That was the case here: a cylinder with a narrow neck and ridges running along its entire length.
When Rituals learned Aldi was about to launch a similar product, it took immediate action through an accelerated procedure. The Aldi reed diffuser was nearly identical —only missing the RITUALS brand name and featuring a slightly more angular top. Since this version did not create a different overall impression, it was deemed identical. The result: a ruling of design and copyright infringement.
Given Aldi’s low prices, the court anticipated its products would sell out quickly, causing Rituals irreparable harm. The ruling required Aldi to halt sales within four hours or face a penalty of €15,000 per day or €500 per sold product.
