This case is about design rights, a commonly forgotten but very effective IP right in protection against copycats. Most cases against Aldi are settled before trial, but with some notable exceptions, with Aldi having won and lost some high-profile disputes in recent years. M&S will be hoping that its strong action against Aldi will discourage further copycat products and allow M&S to retain distinctiveness and return on its investment in new product development.

Both would make great Christmas gifts however - and I can see them being popular once again this year.Everyone loves a drink at Christmas, so I decided to put two bottles of the gins to the test. To keep it fair, I tried both clementine flavours to see which really was the best. The gin tasted better and the bottle was much more striking. The design on the bottle was a lot more festive too - and would make a great Christmas decoration once finished. M&S has a proud history as a leading British innovator and for over 136 years customers have turned to M&S for unique, original, quality products – conceived, created and developed by us working with our trusted suppliers and produced to the highest standards,” said an M&S spokesman. But they are small and right at the bottom of the bottle. You can hardly notice them. Going on looks, M&S was winning slightly here. The one thing I did think would improve the aesthetic appeal of the bottle is the colour of the light; it's quite a harsh orange shade that isn’t as soft as the M&S one.

There's a reason why the M&S snow globe has been so popular this year, and while it's a good effort from Aldi, overall it tasted a bit too sweet and we weren't as dazzled by the overall appearance of the bottle as we were with the Marks and Spencer version. Aldi’s gin was very sweet. Maybe too sweet, but enjoyable nonetheless. Mixed with lemonade the gin was very smooth and flavourful, so much so that it was almost too easy to drink. One member of the gin team said they thought it “smells like Christmas” adding that it had "more a taste” than the Sloe Gin.

M&S argued the Cuthbert cake infringed its trademark and "rode on the coat-tails" of its reputation. If you want to take your Gilded Gin experience to the next level, the brand also sells some exceptionally opulent glasses encrusted with gold diamante. On its own, I wasn’t a big fan of the clementine taste and thought the cranberry could have been stronger. Read more: I tried mince pies from Sainsbury's, Aldi, Tesco, M&S, Morrisons and Waitrose - and there was a clear winner