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Partial Victory for Aldi at top Irish court

Written by Laura Cannon- Solent University student on 30 May 2019

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It has been announced today (30th May) that the Irish Supreme court has delivered a mixed verdict in a trademark infringement suit brought by German supermarket Aldi against  Irish competitor Dunnes Stores. This occurred due to an advertising campaign ran by Dunnes which aimed at drawing comparisons between its own products and those of its competitors including; Aldi, Lidl and even Tesco. The campaign also consisted of banners and shelf-edge labels which demonstrated that some of its products were the same price as Aldi.

The judgement was issued on Wednesday 28th may where the Supreme Court ruled that a lower court had erred in finding that certain comparative advertisements deployed by Dunnes were misleading. But the Supreme Court also ruled that two of Dunnes’ ads which bore Aldi’s logo by way of comparison were misleading and therefore infringed the German Supermarket’s trademark.

This is the end of a very long winded dispute which first began in 2013. Thanks to this judgement, clarity and certainty has been restored to intellectual property law. If you have any questions regarding trademarks contact Lawdit today!

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