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I was actually having this exact discussion with my fiancee the other night. She's a bit of an copyright/ IP nerd and was saying more or less the same as you: it could be perceived extremely badly by a court and, while this will obviously not affect whether they are considered to have breached trademark or not, it is could have an impact on what damages are awarded as there's a reasonable case to say that the damage has been amplified in light of their conduct. My instinct is that this will calm down as it heads to trial as it would likely cause more harm than good - that said, I could be underestimating Aldi's perception of "any publicity is good publicity"!

Edit: I was wondering, too, whether Aldi are more or less taking the attitude that "oh well, it'll all go on insurance anyway". I don't think it's outside the realms of possibility, though, that insurers may challenge their liability given Aldi's conduct here - any insurance nerds know more about this than I do?