Rituals Granted Injunction Against Aldi for Design Infringement

Aldi continue to feel the heat in the lookalike law suits as Rituals have secured an injunction in the Netherlands against the supermarket chain. The case highlights the need for brand owners to act quickly and decisively to successfully protect their designs and copyright. Read our full analysis by our Intellectual Property team.
Aldi has again found itself on the end of an unfavourable decision in an IP dispute. This time, Rituals Cosmetics, the manufacturer and global provider of cosmetic products, has been granted an injunction in the Netherlands. The injunction restrains Aldi from selling fragrance stick holders and fragrance stick products that infringe Ritual’s registered design rights and copyright. This follows the UK Court of Appeal decision in Marks and Spencer Plc v Aldi Stores Ltd[1] which concerned the design of gin-based flavoured liqueur products. It therefore represents a further victory for brand owners seeking to protect their products against lookalike and copycat brands. We review the decision and consider the practical implications for brand owners.
Background
Rituals has shops throughout the Netherlands. Among other products, it sells fragrance stick holders with fragrance sticks, pictured below.

To protect their product range, Rituals registered the below EU design number 007095625-0001 in October 2019. The design registration protects “bottles” in Locarno Classification 9.1 and includes the following design views.

Rituals discovered on 2 December 2024 that Aldi’s website in the Netherlands, www.aldi.nl, advertised the upcoming sale of certain products. The website stated that, from 4 December 2024, Aldi would offer the below products which Aldi described as a “gift set of scented candle and sticks.”

Rituals acted swiftly, filing an application before the District Court in Gelderland on 3 December 2024. The application requested an injunction to stop Aldi from advertising and selling the mentioned products. Rituals argued that the Aldi products infringed its design rights and copyright.
Injunction application
Rituals argued that the Aldi products have almost the same unique shape, narrow round neck and ridges along the entire length of the product. From the narrow neck, Rituals argued that the whole piece extends wide into an open-cut cylinder. Both the Rituals fragrance stick holders and the Aldi products show the same ribbing from the top to the bottom, except for the bottom edge, the inside of the neck and the top edge where the ribbing stops and the product has a smooth finish. The distinctive Rituals design, it argued, is reproduced almost identically in the Aldi products, with only minor differences. Regarding the distinctive design elements, Rituals argued that its design is defined by a combination of at least six elements. These elements are not integral to the functionality of Rituals’ products. Instead, they contribute to the products’ unique appearance. The Aldi products Rituals argued, exhibit the same combination of design elements. In addition, Rituals submitted that an injunction was warranted. This concern arose due to the timing in the run-up to Christmas. If the Aldi products were to go on sale on 4 December, at a relatively low price, there was a significant likelihood that large volumes would be sold quickly within a few weeks. Rituals argued this threatened to cause it irreparable damage.
Decision
The Gelderland District Court agreed with Rituals that it was sufficiently plausible that the Aldi products do infringe Rituals design rights and copyright. The reason was the high degree of similarity between the competing fragrance stick holders. In addition, the Court agreed that Rituals interest in preventing irreparable damage required that an immediate injunction be granted. If an injunction was not granted, there was a risk that the Aldi products could sell out very quickly. The injunction was granted on 4 December 2024. Aldi were therefore afforded four hours after service of the Court Order to remove the infringing products from sale. In addition, if Aldi did not comply, the Court Order required that it must pay Rituals €15,000 for each day of default, or at Ritual’s discretion, €500 for each individual infringing product, up to a maximum of €350,000.
Comment
The hearing of the main action was ordered to take place within six months of the service of the injunction by Rituals on Aldi. There is therefore the possibility that a different decision could be reached by the Dutch Court hearing the main action. However, the Gelderland District Court decision undoubtedly represents a significant win for Rituals and a setback for Aldi in the Netherlands. The key takeaway for brand owners from the decision is the need to act quickly and decisively where potential infringements are uncovered. Had Rituals not acted expeditiously on discovering the Aldi products on 2 December, a different outcome might have followed its application before the Dutch District Court. The other key takeaway is the need for brand owners to be actively monitoring the market and the actions of competitors. Lastly, the case serves as a reminder of the value of design registrations in protecting key products, as well as the availability of copyright to protect and enforce creative designs and product features. Often a combination of several IP rights can provide the most effective and robust protection for key product offerings and packaging.
For more information and expert legal advice on the impact of this decision and how best to protect your intellectual property rights, please contact a member of our award-winning Intellectual Property team.
The content of this article is provided for information purposes only and does not constitute legal or other advice.
[1] [2024] EWCA Civ 178
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