High street giant M&S has found itself at the centre of a number of copycat lawsuits over the last year, as it seeks to protect its registered trademarks from ‘copycat’ products entering the market.
From accusing Aldi of copying its Colin the Caterpillar cake, to M&S taking legal action against sweetmaker Swizzles over its branding being “highly similar” to Percy the Pig, the upmarket retailer has not shied away from protecting its intellectual property in court.
We look back at the lawsuits that M&S have started over the last year, from Colin vs Cuthbert all the way to today’s Percy Pig announcement.
Colin the Caterpillar
Earlier this year, Marks & Spencer reached an agreement with German discounter Aldi over its Colin the Caterpillar cake lawsuit, after it had accused the discount grocer of copying its designs.
In April 2021, M&S started legal action against the discount retailer accusing it of infringing its trademark for its Cuthbert the Caterpillar cake.
However, in February this year, the retailers managed to reach a settlement through a “confidential agreement” over the copyright dispute.
A M&S spokesperson told Retail Gazette: “The objective of the claim was to protect the IP [intellectual property] in our Colin the Caterpillar cake, and we are very pleased with the outcome.”
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The Infusionist
Following the settlement with Colin v Cuthbert, M&S and Aldi were soon to be butting heads again, this time over gin.
M&S claimed that Aldi’s gold-flake gin liquers, which are branded ‘The Infusionist’, are copies of its Light-Up Gin. The retailer is seeking a High Court injunction restraining Aldi from further alleged infringement of its protected designs.
Aldi’s liqueurs “constitute designs which do not produce on the informed user a different overall impression to the M&S designs,” M&S court documents said.
M&S is seeking an injunction to restrain Aldi from infringing its designs, require it to surrender or destroy its stock and pay damages plus costs.
Percy Pig sweets
As of today, M&S is taking legal action against sweetmaker Swizzles, taking the brand to court as it claims its logo and branding is “highly similar” to Percy Pigs.
The upmarket retailer’s lawyers added that shoppers could be confused by the two products and purchase the wrong treat.
According to reporting by The Sun, court papers show that M&S is seeking damages and an injunction against Swizzles, which has been selling its Pigs Mugs brand since 1996, asking for any sweets breaching this order to be destroyed.
“It is important to protect the registered trademarks,” M&S told The Sun.
Percy Pigs which launched in 1993, has since generated a £131.7 million turnover according to the court documents, while 271 bags are said to be sold each minute.
Choc and Choc
Flipping the table completely, a chocolatier in Bath named Choc and Choc accused M&S of copying its Valentine’s Day ‘Perfect Match’ product.
Choc and Choc had been selling the “Perfect Match” product since 2015, which consists of two over-sized match sticks made of white Belgian chocolate inside a giant matchbox.
Flo Broughton, co-founder of Choc and Choc, shared her frustration on social media after seeing a similar “Perfect Match” chocolate product stocked in M&S.
“I love that I am an inspiration to these people, but it’s really frustrating when you’re a small business like I am, and you spend all your time and money building your brand and then these big people come along and steal your ideas,” Broughton said.
Broughton posted a side-by-side on M&S and Choc on Choc’s products on Instagram with the caption “the perfect copy”, urging big companies to “positively support UK businesses and designers”.
In a new development, Marks & Spencer has agreed to partner with the chocolatier to rectify the situation.
