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.
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