Thatchers, a cider brewer from Somerset, is engaged in a trademark dispute with German discount retailer Aldi. Thatchers alleges that Aldi has copied its Cloudy Lemon Cider in both taste and appearance with its Taurus cider. The family-owned company claims that Aldi has gained an unfair advantage by imitating their product. The trial began in London on Thursday.
Thatchers’ Cloudy Lemon Cider was introduced in February 2020, while Aldi’s Taurus brand was launched in May 2022. Thatchers’ lawyers argue that the branding of the Taurus drink misleads consumers into believing there is a connection to Thatchers. In an interesting move, Martin Howe KC, representing Thatchers, has invited Judge Mellissa Clarke to participate in a blind taste test to determine the similarities between the two ciders.
Thatchers asserts that their Cloudy Lemon Cider was developed through extensive market analysis, feedback, and testing. The company has invested £3 million in marketing between 2020 and 2022. On the other hand, Aldi’s Taurus product has achieved high sales without significant investment in development or marketing. Thatchers believes that Aldi’s success can only be attributed to their investment in the Thatchers product.
Aldi, however, denies any infringement and argues that their product is distinguishable from Thatchers’ product due to differences in branding, such as the brand name and logo. They claim that the core distinctiveness of Thatchers’ trademark lies in the brand name, while other aspects are merely descriptive or insignificant.
This is not the first trademark dispute involving Aldi. Earlier this year, the retailer lost a court battle against Marks and Spencer over accusations of copying their light-up Christmas gin bottles. The trial between Thatchers and Aldi is ongoing, and a ruling is expected at a later date.
Original news source: Judge invited to taste test cider in Aldi row (BBC)
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Group or Classroom Activities
Warm-up Activities:
– News Summary
Instructions: Have students read the article and write a summary of the main points in their own words. Then, have them pair up and share their summaries with a partner. Encourage discussion and ask students to compare their summaries and identify any differences or similarities.
– Opinion Poll
Instructions: Divide the class into small groups and assign each group a role (e.g. Thatchers, Aldi, Consumers). Have each group discuss their opinions on the trademark dispute and gather information to support their stance. Then, ask each group to create a set of questions for an opinion poll. Each group will take turns asking the other groups their questions and recording their responses. After the poll, have a class discussion and compare the different perspectives.
– Keyword Taboo
Instructions: Write a list of keywords from the article on the board. Divide the class into two teams and choose a student from each team to start. The student must describe the keyword to their team without using the word itself or any related keywords. The team must guess the keyword within a time limit. If they guess correctly, they get a point. Repeat with new students and keywords until all the keywords have been used. The team with the most points wins.
– Pros and Cons
Instructions: Divide the class into two groups, one representing Thatchers and one representing Aldi. Have each group brainstorm a list of pros and cons for their respective side of the trademark dispute. Then, have a class debate where each group presents their arguments and counters the arguments of the other group. Encourage students to use evidence from the article to support their points.
– Future Predictions
Instructions: Have students work individually or in pairs to write a short paragraph predicting the outcome of the trademark dispute. Encourage them to consider the arguments presented in the article and any additional factors they think may influence the ruling. After they have written their predictions, ask students to share their paragraphs and engage in a class discussion about the likelihood of each outcome.
Comprehension Questions:
1. What is the basis of Thatchers’ trademark dispute with Aldi?
2. When was Thatchers’ Cloudy Lemon Cider introduced?
3. How does Thatchers argue that Aldi’s Taurus cider misleads consumers?
4. What interesting move did Martin Howe KC make during the trial?
5. How much has Thatchers invested in marketing their Cloudy Lemon Cider?
6. What does Thatchers believe has contributed to Aldi’s success with their Taurus cider?
7. What is Aldi’s defense against the trademark infringement allegations?
8. What was another trademark dispute involving Aldi earlier this year?
Go to answers ⇩
Listen and Fill in the Gaps:
Thatchers, a cider (1)______ from Somerset, is engaged in a trademark dispute with German discount retailer Aldi. Thatchers alleges that Aldi has copied its Cloudy (2)______ Cider in both taste and appearance with its Taurus cider. The family-owned company claims that Aldi has gained an unfair advantage by imitating their (3)______. The trial began in (4)______ on Thursday.
Thatchers’ Cloudy Lemon Cider was introduced in February 2020, while Aldi’s Taurus brand was launched in May 2022. Thatchers’ lawyers argue that the branding of the (5)______ drink misleads consumers into believing there is a connection to Thatchers. In an interesting move, Martin Howe KC, representing Thatchers, has (6)______ Judge Mellissa Clarke to participate in a (7)______ taste test to determine the similarities between the two ciders.
Thatchers asserts that their Cloudy Lemon Cider was developed through extensive market analysis, feedback, and (8)______. The company has invested £3 million in marketing between 2020 and 2022. On the other hand, Aldi’s Taurus product has (9)______ high (10)______ without significant investment in development or marketing. (11)______ (12)______ that Aldi’s success can only be attributed to their investment in the Thatchers product.
Aldi, however, denies any infringement and argues that their product is distinguishable from Thatchers’ product due to differences in branding, such as the brand name and logo. They (13)______ that the core distinctiveness of Thatchers’ trademark lies in the brand name, while other aspects are merely descriptive or (14)______.
This is not the first trademark dispute involving Aldi. Earlier this year, the retailer lost a court (15)______ against Marks and Spencer over accusations of (16)______ their light-up Christmas gin bottles. The trial between Thatchers and Aldi is ongoing, and a ruling is expected at a later date.
Go to answers ⇩
Discussion Questions:
Students can ask a partner these questions, or discuss them as a group.
1. What is a trademark and why is it important for companies?
2. How would you feel if another company copied your product and tried to sell it as their own?
3. Do you think it’s fair for Thatchers to claim that Aldi has gained an unfair advantage by imitating their product? Why or why not?
4. Have you ever bought a product because you thought it was connected to a certain brand? How did you feel when you found out it wasn’t?
5. What do you think about the idea of a blind taste test to determine the similarities between the two ciders? Do you think it’s a fair way to settle the dispute?
6. How important do you think branding is for a product? Can you think of any examples where branding has influenced your purchasing decisions?
7. Do you think Aldi’s success with the Taurus product can be solely attributed to their alleged imitation of the Thatchers product? Why or why not?
8. Have you ever tried Thatchers’ Cloudy Lemon Cider or Aldi’s Taurus cider? If so, what did you think of them?
9. What do you think about companies investing a large amount of money in marketing their products? Do you think it’s necessary for success?
10. Do you believe that the core distinctiveness of a trademark lies solely in the brand name, or do other aspects also play a significant role? Why or why not?
11. How do you think trademark disputes can impact the reputation and sales of a company?
12. Have you ever been involved in a legal dispute? If so, how did it make you feel?
13. What do you think about companies taking legal action against each other over trademark disputes? Do you think it’s a necessary step to protect their intellectual property?
14. How do you think this trademark dispute between Thatchers and Aldi will affect their relationship as business partners? Do you think they will still be willing to work together in the future?
15. Can you think of any other examples of trademark disputes between companies? How were they resolved?
Individual Activities
Vocabulary Meanings:
Match each word to its meaning.
Words:
1. Thatchers
2. cider
3. Aldi
4. Cloudy Lemon Cider
5. taste
6. branding
7. trademark
8. trial
Meanings:
(a) A type of alcoholic beverage made from fermented apples
(b) A specific type of cider produced by Thatchers
(c) The flavor or sensation of a food or drink
(d) The visual identity and design elements associated with a product
(e) A legally protected symbol or name that represents a company or product
(f) A family-owned cider brewer from Somerset
(g) A German discount retailer
(h) A legal proceeding to resolve a dispute in court
Go to answers ⇩
Multiple Choice Questions:
1. Who is engaged in a trademark dispute with Aldi?
(a) Thatchers
(b) Marks and Spencer
(c) Taurus
(d) Martin Howe KC
2. What is Thatchers accusing Aldi of copying?
(a) Taurus cider
(b) Light-up Christmas gin bottles
(c) Cloudy Lemon Cider
(d) Brand name and logo
3. When was Thatchers’ Cloudy Lemon Cider introduced?
(a) May 2022
(b) Earlier this year
(c) It doesn’t say
(d) February 2020
4. How much has Thatchers invested in marketing between 2020 and 2022?
(a) £3 million
(b) £1 million
(c) £5 million
(d) It doesn’t say
5. What has Aldi achieved without significant investment in development or marketing?
(a) Trademark dispute
(b) Blind taste test
(c) High sales
(d) Court battle
6. What does Aldi argue distinguishes their product from Thatchers’ product?
(a) Taste and appearance
(b) Brand name and logo
(c) Market analysis and testing
(d) Light-up Christmas gin bottles
7. Who did Aldi lose a court battle against earlier this year?
(a) Thatchers
(b) Taurus
(c) Martin Howe KC
(d) Marks and Spencer
8. When is a ruling expected in the trial between Thatchers and Aldi?
(a) Thursday
(b) At a later date
(c) May 2022
(d) It doesn’t say
Go to answers ⇩
True or False Questions:
1. Thatchers’ Cloudy Lemon Cider was introduced in February 2020, while Aldi’s Taurus brand was launched in May 2022.
2. Thatchers, a beer brewer from Somerset, is not involved in a trademark dispute with Aldi.
3. Aldi denies any infringement and claims that their product is distinguishable from Thatchers’ product due to differences in branding.
4. The trial between Thatchers and Aldi did not begin in London.
5. Thatchers has invested £3 million in marketing their Cloudy Lemon Cider between 2020 and 2022.
6. Thatchers’ lawyers argue that the branding of Aldi’s Taurus does not mislead consumers into thinking there is a connection to Thatchers.
7. Thatchers claims that Aldi has not copied their Cloudy Lemon Cider in taste and appearance with their Taurus cider.
8. Thatchers alleges that Aldi has gained an unfair advantage by imitating their product.
Go to answers ⇩
Write a Summary:
Write a summary of this news article in two sentences.
Writing Questions:
Answer the following questions. Write as much as you can for each answer.
1. What is the trademark dispute between Thatchers and Aldi about?
2. When was Thatchers’ Cloudy Lemon Cider introduced and when was Aldi’s Taurus brand launched?
3. How does Thatchers argue that Aldi has gained an unfair advantage?
4. What interesting move did Thatchers’ lawyer make during the trial?
5. What is Aldi’s defense against the allegations of trademark infringement?
Answers
Comprehension Question Answers:
1. Thatchers alleges that Aldi has copied its Cloudy Lemon Cider in both taste and appearance with its Taurus cider.
2. Thatchers’ Cloudy Lemon Cider was introduced in February 2020.
3. Thatchers argues that the branding of Aldi’s Taurus cider misleads consumers into believing there is a connection to Thatchers.
4. Martin Howe KC invited Judge Mellissa Clarke to participate in a blind taste test to determine the similarities between the two ciders.
5. Thatchers has invested £3 million in marketing their Cloudy Lemon Cider between 2020 and 2022.
6. Thatchers believes that Aldi’s success with their Taurus cider can only be attributed to their investment in the Thatchers product.
7. Aldi’s defense is that their Taurus product is distinguishable from Thatchers’ product due to differences in branding, such as the brand name and logo.
8. Another trademark dispute involving Aldi earlier this year was with Marks and Spencer over accusations of copying their light-up Christmas gin bottles.
Go back to questions ⇧
Listen and Fill in the Gaps Answers:
(1) brewer
(2) Lemon
(3) product
(4) London
(5) Taurus
(6) invited
(7) blind
(8) testing
(9) achieved
(10) sales
(11) Thatchers
(12) believes
(13) claim
(14) insignificant
(15) battle
(16) copying
Go back to questions ⇧
Vocabulary Meanings Answers:
1. Thatchers
Answer: (f) A family-owned cider brewer from Somerset
2. cider
Answer: (a) A type of alcoholic beverage made from fermented apples
3. Aldi
Answer: (g) A German discount retailer
4. Cloudy Lemon Cider
Answer: (b) A specific type of cider produced by Thatchers
5. taste
Answer: (c) The flavor or sensation of a food or drink
6. branding
Answer: (d) The visual identity and design elements associated with a product
7. trademark
Answer: (e) A legally protected symbol or name that represents a company or product
8. trial
Answer: (h) A legal proceeding to resolve a dispute in court
Go back to questions ⇧
Multiple Choice Answers:
1. Who is engaged in a trademark dispute with Aldi?
Answer: (a) Thatchers
2. What is Thatchers accusing Aldi of copying?
Answer: (c) Cloudy Lemon Cider
3. When was Thatchers’ Cloudy Lemon Cider introduced?
Answer: (d) February 2020
4. How much has Thatchers invested in marketing between 2020 and 2022?
Answer: (a) £3 million
5. What has Aldi achieved without significant investment in development or marketing?
Answer: (c) High sales
6. What does Aldi argue distinguishes their product from Thatchers’ product?
Answer: (b) Brand name and logo
7. Who did Aldi lose a court battle against earlier this year?
Answer: (d) Marks and Spencer
8. When is a ruling expected in the trial between Thatchers and Aldi?
Answer: (b) At a later date
Go back to questions ⇧
True or False Answers:
1. Thatchers’ Cloudy Lemon Cider was introduced in February 2020, while Aldi’s Taurus brand was launched in May 2022. (Answer: True)
2. Thatchers, a beer brewer from Somerset, is not involved in a trademark dispute with Aldi. (Answer: False)
3. Aldi denies any infringement and claims that their product is distinguishable from Thatchers’ product due to differences in branding. (Answer: True)
4. The trial between Thatchers and Aldi did not begin in London. (Answer: False)
5. Thatchers has invested £3 million in marketing their Cloudy Lemon Cider between 2020 and 2022. (Answer: True)
6. Thatchers’ lawyers argue that the branding of Aldi’s Taurus does not mislead consumers into thinking there is a connection to Thatchers. (Answer: False)
7. Thatchers claims that Aldi has not copied their Cloudy Lemon Cider in taste and appearance with their Taurus cider. (Answer: False)
8. Thatchers alleges that Aldi has gained an unfair advantage by imitating their product. (Answer: True)
Go back to questions ⇧
