Magnum sues Aldi for trademark infringement over ‘Gianni’ ice creams

The Magnum Ice Cream Company, which makes several well known brands of ice creams, is suing Aldi in Ireland for alleged trademark infringement.It is claimed Aldi’s “Gianni” range of ice creams are copycat products sold in a form or style of packaging which is identical or confusingly similar to a number of Magnum products. The Magnum Group, which is headquartered in Amsterdam, says it is the world’s largest ice cream company with revenues of €7.9 billion and is home to the world’s five largest ice cream brands which include Magnum, Ben and Jerry’s and Cornetto. By 2025, it had 21 per cent of the global ice cream market, 16,500 employees, 30 factories, 12 research and development centres, and around three million freezer cabinets. It was formerly part of the Unilever group.READ MOREOn Monday, 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 breach of trademark. Magnum global intellectual property (IP) media and marketing general counsel, Katherine Tsang, said in an affidavit seeking entry of the case to the commercial list, that she became aware, following a review started late last year, of a line of copycat ice cream or ice lolly products being sold in Aldi supermarkets in the UK and Ireland.Glenisk co-owner Vincent Cleary on rebuilding the company after it burned to the groundFollowing investigation, she said, it became apparent the defendant was selling copycat versions of Magnum, Vienetta, Feast, Ben and Jerry’s, Solero, Twister and Cornetto products. She said while many of these have been on the market for some years, the defendant has continually and in synchronisation modified its brands and packaging so as to look increasingly like the products in the Magnum range. On September 24th last, Magnum’s lawyers issued a “cease and desist” letter to Aldi but as of October 15th, Tsang said, no substantive response had been received from Aldi’s solicitors. Following an application to have the case entered into the fast track commercial list from Glen Gibbons, counsel for Magnum, the judge approved agreed directions for the hearing of the case and adjourned it to next April.