When a company invests time, effort, and money into building a brand, the last thing it wants is another business copying its product, name, or design. Trademark infringement and passing off are major concerns for businesses, as seen in many high-profile legal battles, including disputes involving Aldi.
At ApexCounsel, we provide expert legal advice UK businesses can rely on to protect their brands. Whether you need trademark legal advice, intellectual property legal services, or commercial contracts advice, our team ensures your business stays protected.
Understanding Trademark Infringement and Passing Off
What is Trademark Infringement?
Trademark infringement happens when another company uses a similar or identical trademark to an existing registered one, causing confusion among consumers. If a business copies your brand name, logo, or packaging without permission, they may be infringing on your trademark rights.
What is Passing Off?
Passing off occurs when a company misrepresents its goods or services as being associated with another established brand, even if they haven’t directly copied a registered trademark. This legal claim is common when a business creates lookalike products that mislead customers into thinking they are buying from a well-known brand.
If you believe your brand is being copied, it’s crucial to get legal advice from professionals like ApexCounsel to take action.
Cider v. Aldi: What Happened?
Aldi has faced multiple legal battles over claims that it copies well-known brands and sells similar products at lower prices. In the case of Cider v. Aldi, a premium cider brand accused Aldi of creating a nearly identical product with similar branding and packaging, potentially misleading consumers.
Key Legal Issues in the Case
- Trademark Infringement: Did Aldi’s product closely resemble the original cider brand’s registered trademark?
- Passing Off: Did Aldi’s product mislead consumers into believing it was associated with the premium cider brand?
- Brand Reputation Damage: Could the lower-cost alternative harm the original brand’s reputation?
These issues highlight the importance of trademark legal services in protecting brand identity.
Lessons Businesses Can Learn from This Case
1. Register Your Trademarks to Strengthen Protection
One of the best ways to protect your brand is by registering trademarks for your name, logo, and packaging. Without registration, proving trademark infringement is more difficult.
✅ Solution: Work with ApexCounsel to secure trademark legal help and ensure your brand is fully protected.
- Take Action Against Lookalike Products
If another business releases a lookalike product that causes customer confusion, you may have a passing off claim.
✅ Solution: Gather evidence, including consumer feedback and sales impact, and get legal advice to explore legal action.
3. Protect Your Intellectual Property Beyond Trademarks
Trademarks aren’t the only way to safeguard your brand. You may also need:
- Patent legal advice to protect unique product innovations.
- Intellectual property legal advice for copyrights on packaging designs.
✅ Solution: ApexCounsel offers intellectual property legal services to ensure full protection.
- Review Commercial Contracts for Brand Protection
If you work with retailers, distributors, or suppliers, include strong trademark protection clauses in your agreements.
✅ Solution: ApexCounsel provides commercial contracts advice to help businesses draft legally secure agreements.
- Construction and Contractor Businesses Also Need Trademark Protection
Even in industries like construction, branding is essential. If another company uses your business name or logo in a misleading way, it could damage your reputation.
✅ Solution: ApexCounsel offers construction legal advice and contractor legal advice to help businesses protect their brand identity.
How ApexCounsel Can Help Your Business
At ApexCounsel, we specialise in protecting businesses from trademark infringement and passing off. Our services include:
✔ Trademark legal advice to secure and enforce your brand rights.
✔ Trademark legal services to handle disputes and prevent infringement.
✔ Trademark legal help to ensure compliance and avoid costly legal battles.
✔ Patent legal advice for unique product innovations.
✔ Commercial contracts advice to safeguard brand agreements.
✔ Construction legal advice and contractor legal advice for industry-specific protections.
If you suspect that another company is copying your brand, don’t wait—get legal advice today.