M&S successfully stopped Aldi from selling lookalike gin bottles by enforcing its registered design rights. A clear reminder: even seasonal packaging can be legally protected.
Can You Protect Seasonal Packaging?
When it comes to design protection, many brands assume it’s only for long-term, iconic product shapes. But a recent legal win by Marks & Spencer (M&S) shows that even limited-edition or seasonal packaging can be protected and enforced in court.
The case? A festive gin bottle.
The Case: M&S vs. Aldi – The Light-Up Gin Bottle
In the UK, M&S took legal action against Aldi over the design of a light-up gin bottle the discount chain released during the holiday season. M&S claimed that Aldi’s bottle was strikingly similar to its own—one that M&S had registered under design law.
The High Court in London ruled in M&S’s favor, concluding that Aldi had infringed upon M&S’s registered design rights. This decision forced Aldi to halt sales of the product and underscored just how powerful registered designs can be in protecting product aesthetics.
Why It Mattered
M&S didn’t just rely on branding or trademarks in this dispute. Instead, it relied on its registered design, a lesser-used but incredibly potent form of intellectual property. This type of protection covers the appearance of a product, including shape, configuration, pattern, or ornamentation—as long as it’s new and distinctive.
This win affirmed that:
- Aesthetic design is valuable IP.
- Packaging is more than a container—it’s part of the customer experience.
- Even seasonal products deserve legal protection.
What Aldi Got Wrong
While Aldi did not explicitly copy any trademarks or logos, the court found that its bottle was “too similar in overall impression” to the M&S product. The similarities in shape, bottle lighting, and decorative snow effects led the court to side with M&S.
The key point: infringement doesn’t require a brand name or logo to be present—just visual similarity can be enough.
What This Means for Brand Owners
This case sends a strong message to companies that invest in unique product packaging, even if it’s only for seasonal campaigns or promotional events.
If you’re a business releasing limited-edition products, this case is proof that:
- Design protection is not just for big, iconic items.
- Short-run products can—and should—be protected through design registrations.
- Early filing is essential: register before you launch, not after your design is public.
How Exy IP Can Help
At Exy IP, we assist businesses in identifying and registering protectable elements of their designs—from packaging and labels to the shape of your product. Whether you’re launching a year-round product or a holiday special, we ensure your IP is filed, defensible, and future-proof.
Ready to Protect Your Product Design?
Get in touch with us to secure your product visuals before competitors can imitate them.
Let’s turn your packaging into protected property.
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