Everyone has their favourites when they go to the supermarket and sometimes you can be forgiven for getting double vision trying to to tell the difference between a shop’s own products and a big brand. But Aldi, famous for its low prices, has drawn more attention than others recently thanks to the similarity of some of its products to certain other big names.
In 2021 we saw the war of the cakes, and more specifically the war of the caterpillars, as M&S launched legal action against Aldi in an effort to protect its Colin the Caterpillar cake, claiming that its rival’s Cuthbert the Caterpillar was so similar it infringed its trademark. Both supermarkets later confirmed an agreement has been struck but said they could not release details of the "confidential" deal.
Meanwhile, earlier this month Aldi's chocolate spread Nutoka saw itself become the centre of attention on Twitter with its rather striking resemblance to major competitor Nutella - you can read our verdict on the ultimate champion with our taste test here.
Ultimately though, the reason we think we might be seeing double when it comes to the top brands and a supermarket's own products comes down to how the law works. According to Emma Pallister, of the Chartered Institute of Trade Mark Attorneys, supermarkets often get around trade marks by "choosing a different brand or product name, while still hinting at the branded version of the product with certain packaging ‘cues'".
While you can register ‘non-conventional’ marks like colours, slogans and shapes, the experts adds these require evidence that you have "extensively used the mark and consumers have come to exclusively associate this feature of branding with you".
When it comes to the law, if a brand owner does have a trade mark registration, they only need to show that consumers would be confused about a product’s commercial origin. Emma writes: "In a trade mark case involving a ‘copycat’ product, a brand owner may struggle to prove this confusion requirement because today’s savvy shoppers possess high levels of awareness about own-brands.
"Unless someone mistakenly grabs a ‘lookalike’ product during a mad dash around the shops, the majority of shoppers are actively looking for bargains and are alert to differences. Crucially, they understand that an own-brand is offered as an alternative to the big brand and is produced by the supermarket themselves, so they don’t get them mixed up."
So bearing all that in mind we took a trip to our local Aldi to see if there was anything else we might recognise compared to its big competitors...
Nutoka vs Nutella
Can you spot the difference between these two jars of hazelnut chocolate spread? Need a clue? No you’re not seeing double. Aldi's chocolate spread must have surely seen a surge in popularity after its Twitter fame, not least for its price at £1.45. A similar sized tub of Nutella sold at Tesco will set you back £3.20.
Nordpak vs Lurpak
With its dinstinctive blue and silver packaging reminiscent to a certain other Scandi brand, Aldi’s spreadable Nordpak will only set you back by £2.19 compared to Lurpak also sold in Aldi for £5.35.
Harvest Morn vs Kelloggs
Rise and shine. Not sure what to have for breakfast? Don’t worry about it as Aldi has an entire range of cereals sold for 63p a box compared to the Kelloggs range sold for £2.25.
Wheat Bisks v Weetabix
Perhaps you're more of a Weetabix in the morning kind of person? For £4.29 you could buy Weetabix but for £1.99 you could buy Aldi’s Wheat Bisks.
Cookies & Cream vs Oreo
Fancy something to dunk in your cup of milk? Well Aldi has an answer. Forget £1.10 Oreos from Tesco, for only 45p you can have Aldi’s own tasty biscuit.
Jammy Wheels vs Jammy Dodgers
A Jammy Dodger is a staple of every UK biscuit tin but it looks like Aldi hopes to make their own brand the nation’s favourite with their Jammy Wheels. At 10p cheaper than the big brand, what’s not to love?
Cheese Curls vs Quavers
Remember Quavers with its pungent cheesy flavour? Well Aldi has a cheaper alternative with Cheese Curls. A six bag of Quavers are sold for £1.75 in Tesco compared to a 10 pack of Cheese Curls for £1.29 in Aldi.
Hoops v Hula Hoops
Maybe you have a craving for some classic Hula Hoops. At Tesco you can buy a bag of six for £2.25 but in Aldi you could grab yourself eight bags of Hoops for £1.45.
Cuthbert the Caterpillar vs Colin the Caterpillar cake
What about desert? M&S’s famous caterpillar cake has a rival in Aldi’s own Cuthbert the Caterpillar, but at only £4.99 is almost half the price of Colin which you can buy from M&S for £9.
Big Stack v Big Mac
Forget about drive-thrus on your next Aldi food shop, you could grab a Big Stack for £1.79. The Big Stack is £1.90 cheaper than a Big Mac.
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