Aldi appears to have found itself receiving another unfavourable intellectual property decision. This time, the decision relates to reed diffusers, in which Rituals Cosmetics has been granted an interim injunction by the Courts in the Netherlands which prevents Aldi from selling reed diffusers.
Rituals hold the following registered EU design (No. 007095625-0001), first registered in October 2019.
The registered design rights relate to the following products sold by Rituals.
Aldi's Dutch website advertised the following reed diffusers and candlestick holders for sale:
Rituals became aware of Aldi selling these products on 2 December 2024 and applied the next day for an injunction seeking to prevent Aldi from advertising and selling the reed diffusers.
Rituals contended that Aldi's products closely resembled their own in terms of shape, with a narrow round neck and ridges running along the entire length. From the narrow neck, the design flares out into an open-cut cylinder. Both the Rituals fragrance stick holders and Aldi's products feature similar ribbing from top to bottom, except for the bottom edge, the inside of the neck, and the top edge where the ribbing stops and the finish becomes smooth.
Rituals argued that Aldi's products replicated the distinctive design almost identically, with only minor differences. Rituals emphasized that its design is defined by a combination of at least six elements, which are not essential to the functionality of the products but contribute to their unique appearance. According to Rituals, Aldi's products incorporated the same combination of design elements. Rituals therefore requested an injunction, citing concerns over the timing leading up to Christmas. They argued that if Aldi's products were sold from 4 December at a relatively low price, a large volume would likely be sold quickly, potentially causing irreparable harm to Rituals.
The Dutch court considered Rituals' request and decided that there was a sufficiently plausible case that the Aldi products infringed the rights of Rituals. The court therefore granted the injunction requested by Rituals, requiring Aldi to remove the products from sale within 4 hours of the decision; if they did not comply, Aldi were ordered to pay Rituals a penalty of 15,000 EUR for each day or part of a day that Aldi remained in breach of the judgement.
If the infringement claim brought by Rituals proceeds, the case is expected to be heard in or around June 2025 (6 months from the decision). It will be interesting to see if the proceedings go ahead, or if an out of court settlement is reached first. If the proceedings do go ahead, it is possible that the Dutch courts may reach a different decision. Nevertheless, this decision clearly demonstrates the value of securing registered design protection for new product designs, allowing owners to take action quickly when potential infringements are discovered.
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