The Competition and Markets Authority should use new ‘super-fining’ powers to clampdown on copycat products, according to a group representing brands.
The CMA is due to receive greater powers to enforce consumer protection issues from 6 April, under the government’s Digital Markets, Competition & Consumer Act, including potential fines of up to 10% of global sales.
Lawyers have so far predicted the new powers could be used to tackle ‘greenwashing’.
However, John Noble, director of the British Brands Group, said it was hopeful the CMA’s new teeth would also present brands with a new avenue of complaint when it came to copycats.
The group made its call in the same week that Robinsons emerged as the latest brand to take on Aldi with a High Court trademark infringement claim. Further details are not public, but lawyers have speculated it could be over similarities in the appearance of Aldi’s Sun Quench Squirty Squash and Robinsons’ Mini.
Robinsons claim follows Aldi’s defeat in the Court of Appeal in January in a trademark infringement claim brought by Thatchers cider.
A new British Brands Group report claims Thatchers’ victory was a rare exception in what has otherwise been “woefully ineffective” protection of brands. It has produced a long list of other examples that have gone unpunished.
Lidl has also been frequently accused of mimicking brands, including by Tony’s Chocolonely, which last year slammed the discounter for aping its chocolate bar’s irregularly shaped sections.
Noble said: “The lack of enforcement has allowed such copying to become something of a business strategy for two very large UK retailers who serve many millions of shoppers.
“The big question is therefore whether the combination of the new Act’s provisions, the duty to enforce and the threat of fines of 10% of global turnover will swing the pendulum back in favour of lawful packaging.
“Our 2025 report indicates that the producers of a large number of products should be feeling nervous.”
Kirsten Gilbert, partner and head of brand exploitation, protection and trademark litigation at Marks & Clerk, said Robinsons’ claim signalled the balance of power shifting to brands.
“Following on from the January Court of Appeal decision in the case brought by Thatchers Cider against Aldi, concerning Aldi’s Taurus brand of lemon-flavoured cider, the balance of power between brands and supermarket lookalikes may have shifted in favour of the brands,” Gilbert said.
“This may be the first of several cases we see where the boundaries of this new shift in power are tested.”
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