istock-694829768jetcityimage
21 November 2018Copyright

Bath & Body Works sues Aldi over candles

Discount supermarket chain Aldi has committed multiple counts of trademark and trade dress infringement by ripping off a renowned brand of scented candles, a US lawsuit has alleged.

In a complaint filed at the US District Court for the Central District of California on Monday, November 19, toiletries company Bath & Body Works (B&BW) said Aldi had “decided to copy copious candles” with identical or near identical names.

B&BW alleged that its loyal customers have bought products in Aldi on the understanding that they were produced by B&BW, only to then be disappointed by their “inferior quality and smell”.

Founded in 1990, B&BW claimed that it is one of the biggest retailers of soaps, candles and lotions in the US. The retailer is known for its “scented three-wick” candles, which are tailored for different seasons and events, including Halloween and Christmas.

Examples of its brands included in the complaint are: “Vanilla Pumpkin Marshmallow” and “Sweet Cinnamon Pumpkin”.

The complaint has cited at least 15 examples of candles sold by Aldi that infringe its trademarks and “distinctive trade dress”.

Aldi, which has around 30 branches in the US, is selling candles branded: “Pumpkin Marshmallow” and “Spiced Cinnamon Pumpkin”.  Both brands are selling a “Hot Cocoa and Cream” flavour.

According to the complaint, the candles not only infringe the trademark-protected names of the candles but also the copyright-protected designs of the products and B&BW’s trade dress.

The complaint said: “Aldi’s infringing candles are likely to deceive, confuse, and mislead purchasers, prospective purchasers, and others into mistakenly believing that candles sold by Aldi are produced by, authorised by, or in some manner associated with B&BW, when they are not.”

B&BW added that Aldi promoted the likeness on its Facebook page.

One Aldi store, according to the complaint, posted a photo of its candles along with the caption: “If you love Bath and Body Works candles you have to check these out. $3.99 limited quantity.”

B&BW has requested details of all profits Aldi derived from the infringement and triple damages due to Aldi’s wilful infringement.

Did you enjoy reading this story?  Sign up to our free daily newsletters and get stories like this sent straight to your inbox.

Today's top stories

McGuireWoods promotes four IP attorneys to partnership

Winthrop & Weinstine shareholder joins Barnes & Thornburg

Judge orders Bloomberg to face social media trade secret suit

EU failing to fix copyright directive: lawyers comment on leak

EU court serves victory to PepsiCo in TM appeal

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk


More on this story

Trademarks
25 October 2018   The General Court today rejected an appeal by Bulgaria-based Aldo Supermarket, clearing the way for German supermarket chain Aldi to register its name as a trademark.
Trademarks
20 December 2017   Retailer Aldi must prove that one of the essential characteristics of its product, ‘Champagner Sorbet’, is that its taste is primarily attributable to Champagne.