IP Case Study: ACID Member Triclimb triumphs over Aldi in David vs Goliath copycat case

The amount of time, effort, energy and emotion that goes into original design can never be underestimated. From ideation to concept creation; throughout the design process and continual prototyping and finally ending at manufacturing stage. It is a mammoth task worthy of the utmost respect. 

 

Imagine, then, having been through this arduous journey, that one day you see your product staring you back in the face. Except for one key thing; it isn’t your product, it’s a copy.  

This is exactly what happened to ACID member Triclimb Ltd.  

 

The Triclimb frame encompasses the ability to teach children gross motor skills and physical exploration, using simplistic yet aesthetically pleasing design. Every aspect of the frame is designed with high-spec materials, an innovative interlocking joint system and warp resistant wood, making the frame a slim, sleek, and strong design. As a company, Triclimb have become highly successful, designing a whole range of early years children’s toys and equipment. They embraced intellectual property (IP) rights, ensuring their product was trademarked and a registered design. 

 

Their Triclimb design is unlike any previously registered design – it lacks a bracing triangle, and its self-supporting joint and outrigger feet allow a modern, slimline design that embraces both safety and convenience with a neat foldaway functionality. No wonder Triclimb became the best-selling Pikler triangle in the UK.  

But their success was soon to face an enormous challenge that would span nearly 2 years. 

 

In 2021, Triclimb were alerted to a photo of the latest Aldi Specialbuys catalogue featuring a product that not only bore a striking resemblance to the Triclimb frame but was seemingly utilising their trademark, being advertised as a “Wooden Tri-climb”. 

 

Several calls, a cease & desist letter and mammoth social media exchanges later, Aldi announced the product would not be put on sale. Yet this resulted in a considerable backlash for Triclimb from potential Aldi customers who were angry that they would not be able to purchase Aldi’s product!  

 

Correspondence continued until 2023, in an effort to reach an amicable settlement, yet Aldi maintained their position that they had not violated Triclimb’s IP rights and never offered any serious terms by way of settlement or compromise. Moreover, during this time, the Aldi “Tri-climb” went on sale on their website after all, but without reference to the Tri-climb name. Though lacking the folding functionality of the Triclimb product, the cheaper and similar product was a threat to Triclimb they couldn’t let lie. They had little option but to shout about their functionality, original design and IP rights in an effort to push the uniquity of an original over compromise of a copy.  

 

Simultaneously, ACID Co-Founder and Chairman Dids Macdonald OBE wrote to Aldi on behalf of their member Triclimb Ltd, pushing for a licence deal and compensation to reward them for the design and innovation in their registered design and UK trade mark. Moreover, ACID reminded Aldi that intentional infringement of a registered design is a criminal offence punishable by up to 10 years in prison, thanks to ACID’s lobbying that resulted in the IP Act 2014. 

 

As is often the case with great design, Triclimb Ltd endured a David vs Goliath battle against Aldi in a fight to protect their IP rights. With the backing and support of ACID and legal affiliates McDaniels Law, small designer Triclimb Ltd won the battle with retail giant Aldi. They stopped stocking their copycat versions! 

 

If you would like to learn more about defending your brand and protecting your designs with IP, contact ACID for any help any time at info@acid.uk.com  

 

Find us on stand 20 C42 at Autum Fair! 

 

Triclimb Ltd were extremely well prepared with their trademark and registered designs prior to bringing their product into the public domain. If you would like to know how to ensure your design is protected prior to exhibiting, ACID Lunchtime Learning brings you ‘Exhibition Know-How’ on 28th August with ACID Legal Affiliate Kelly Hudson, Director at McDaniels Law. Register Now.