Amsterdam-based The Magnum Ice Cream Company claims Aldi’s range of ‘Gianni’ ice cream products are blatant copycats of its own products.
Following an investigation, Magnum says it is “evident” that the retailer is selling copycat products in packaging that is “identical or confusingly similar” to a number of its brands, including Magnum, Viennetta, Feast, Ben & Jerry’s, Solero, Twister and Cornetto.
Last week, Judge Eileen Roberts admitted to the Commercial Court proceedings brought by The Magnum Ice Cream Company NV, Magnum IP Holdings BV, Magnum ICC Europe BV and Magnum ICC Ireland Ltd against Aldi Stores (Ireland) Ltd, alleging passing off and trademark infringement.
In an affidavit seeking to have the case entered onto the Commercial List, Magnum’s global IP, media and marketing general counsel, Katherine Tsang, said a review launched late last year identified a range of alleged copycat ice cream and ice lolly products being sold in Aldi stores across the UK and Ireland.
Tsang said that although many of the products had been sold for years, Aldi had repeatedly altered their branding and packaging to bring them closer in appearance to Magnum products.
She added that Magnum’s lawyers issued a cease-and-desist letter to Aldi on 24 September, but had yet to receive a substantive response from Aldi’s solicitors by 15 October.
Following an application by Glen Gibbons, counsel for Magnum, to have the case entered into the fast-track Commercial List, the judge approved agreed directions for the proceedings and adjourned the matter until April.
The Magnum Group, which claims to be the world’s largest ice cream company, generates annual revenues of €7.9 billion and is home to five of the world’s biggest ice cream brands, including Magnum, Ben & Jerry’s and Cornetto.
By 2025, the company said it held a 21% share of the global ice cream market, employed 16,500 people, operated 30 factories and 12 research and development centres, and had around three million freezer cabinets worldwide. The business was previously part of the Unilever group.
