Marks & Spencer (“M&S”) has lodged an intellectual property claim with the High Court against Aldi in an effort to protect its Colin the Caterpillar cake with a claim that Aldi’s Cuthbert the Caterpillar product infringes its trademark.
M&S argues that the similarity of Aldi’s product leads consumers to believe they are of the same standard and “ride on the coat-tails” of M&S’s reputation with the product. It wants Aldi to remove the product from sale and agree not to sell anything similar in the future.
M&S has three trademarks relating to Colin, which it believes means Colin has acquired and retains an enhanced distinctive character and reputation.
Suffering a dispute can have serious implications on you and your livelihood and reputation. Our dispute resolution solicitors will quickly and efficiently put your case together and act on your behalf. Call Vijay Srivastava or Shalish Mehta in our civil and commercial litigation department on 0161 624 6811or email vjs@wrigleyclaydon.com or sm@wrigleyclaydon.com. We can advise you on the appropriate course of action and assist with any legal documents or proceedings that may occur.
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