I don’t think anyone going into Aldi is mistaking brands for other brands.
This is a different-but-related mechanism. This is Aldi saying “Yo those weird-ass chicken sausages you like which are expensive? We made our own version!”. Aldi doesn’t carry brands like these. It doesn’t carry branded meat or veg or anything but a limited amount of canned goods, sauces and the like.
So no-one is being confused. Are they piggy-backing off the branding? Definitely, but it’s in this “look we made the same thing” way.
And I should point out this is extremely common in all UK supermarkets, from the lowest end to the highest. Waitrose recently got into a kerfuffle for ripping off the branding of high-end chocolates it was selling. Only it did actually sell both the chocolate AND the rip-offs.
Whereas Marks & Spencer, who like Aldi, don’t actually sell most of these brands, have been fairly clear to rip stuff off continually for years. They do usually come up with their own branding though. Mostly…
I’d be interested to see how this goes in court. The fact that Aldi don’t even carry the Heck stuff and never have will be a positive for them. What Heck will need to provide is some kind of evidence that customers have been confused.
There are organisations that carry out surveys specifically to find stuff like this out, and the court may well order one (at cost to both parties, but ultimately paid by whoever loses) to carry out such a survey. My feeling is that will not go well for Heck.
(Another random UK fact is that outside of Heinz products - for whatever reason - own brand products are quite often superior to the “real” product. M&S’ Jaffa cake rip-off is wildly superior to actual Jaffa cakes, for example, as is their Toblerone rip-off. This is interestingly completely untrue in the US in my experience and that of my wife, who is American.)
I worked at a marketing agency for about a year (mostly doing Photoshop work), and the first story, let me be clear, is largely a nonsense for commercial marketing agencies (as opposed to those working in other sectors). It was pretty much 24/7 inept attempts at manipulating people. And that’s the only saving grace - a lot of marketing people are completely inept. And another big chunk of them are perpetually drunk or on drugs (no seriously). Terrible ideas got literally millions spent on them. I remember a couple of times being in meetings and being like Cassandra, and saying “But this is a terrible idea…” (very politely) and being told basically “Shut up, intern!” (I have no idea why I was even in half these meetings), only for six months down the line it to be “Oh yeah we abandoned that campaign, Mike determined it was a bad idea, we should have never have listened to the artists!” (obvs. Mike was in fact the one who came up with the idea).