ARTICLE
5 September 2024

Jellycat Cries Copycat: Dragon Edition

MC
Marks & Clerk

Contributor

Marks & Clerk is one of the UK’s foremost firms of Patent and Trade Mark Attorneys. Our attorneys and solicitors are wired directly into the UK’s leading business and innovation economies. Alongside this we have offices in 9 international locations covering the EU, Canada and Asia, meaning we offer clients the best possible service locally, nationally and internationally.
Following a legal claim against Aldi filed earlier this week, Jellycat has thrown its hat into the ring as the latest entrant in a series of supermarket trade mark disputes which have occupied the courts and captured...
United Kingdom Intellectual Property

Following a legal claim against Aldi filed earlier this week, Jellycat has thrown its hat into the ring as the latest entrant in a series of supermarket trade mark disputes which have occupied the courts and captured the public's attention in recent years.

A quick run-down of the facts:

The challenger? Jellycat, the maker of plushy animals and anthropomorphic food items much beloved by children and adults alike, including one Dexter the Dragon.

The defender? Aldi, the well-known discount retailer and, until recently, home of one green and purple stuffed dragon (you may be able to see where this is going...).

The background? Jellycat claims that Aldi infringed their intellectual property rights by copying Dexter's design for their own dragon plushy, which they allege to be "strikingly similar". For added context, Dexter retails for £27, while Aldi's version costs a mere £4 – thus if the allegations of copying are proven true, it seems understandable why Jellycat feels the need to step up and defend Dexter's honour.

A low blow? In their opening salvo, Jellycat also specifically called Aldi out as a notorious copycat. This is arguably a pointed reference to the fact that Aldi is no stranger to brand battles, and have recently taken on notable opponents including Marks & Spencer and Thatcher's. The results have been an admittedly mixed bag, with Aldi wrangling a victory over Thatcher's on cloudy lemon cider in January but losing out to M&S over light-up gin bottles in March. And no one will be quick to forget the battle between M&S's Colin and Aldi's Cuthbert, which is now the stuff of internet legend.

Who will win? Hard to tell, with the opponents still sizing one another up in these early days. That being said, we will be following this case with interest – personally, I am particularly curious to see the extent to which Jellycat pursues their allegation of Aldi's longstanding copycat behavior, and whether the court ultimately puts any stock in this argument in the context of the established legal principles.

I guess it's hard to keep a good idea to yourself. And expensive.

www.theguardian.com/...

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More