Article written by Gerli Helene Gritsenko, Sorainen.
Lookalikes are not a marketing accident. They are a litigation risk.
In Islestarr Holdings Ltd v Aldi Stores Ltd, the High Court of England and Wales examined whether a budget powder compact sold by Aldi copied the distinctive design used by Charlotte Tilbury.
The background is familiar in the cosmetics market. Aldi is known for offering affordable “dupe” alternatives to high end beauty products, often using similar packaging at a fraction of the price.
The brand owner argued that Aldi had reproduced two artistic works:
- the “Starburst Design” on the compact lid
- the embossed starburst pattern in the powder