Aldi GmbH & Co KG v. Westbridge Foods Limited

Aldi GmbH & Co KG

Case details

Case no.: O/342/03

Jurisdiction: United Kingdom

Industry: Food and Drink

Decision date: 11 Jun, 2006

Decision

Under Section 5(2)(b) the applicants argued that the opponents in their pleadings, which were somewhat unclear, had restricted their opposition to identical goods only. The opponents disputed this and the Hearing Officer decided that as the opposition was under Section 5(2)(b) similar goods must also be considered. In any event it was a fact that in most instances identical goods were at issue. The Hearing Officer then compared the respective marks ALDI and ALDO’S and decided that while there were some similarities it was likely that they would be pronounced as AL-DEE and AL-DOH’S and concluded that they were not so similar as to lead to confusion. Opposition failed on this ground.

Comparison of Trademarks

ALDI

ALDO'S

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