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M&S and Aldi – ‘Caterpillar-gate’ round 2?

5th January 2022 by Edwina Bones

Categories: What's New?
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M&S are at loggerheads with Aldi for the second time. After ‘Caterpillar-gate’ (M&S’s claim that Aldi’s Cuthbert the Caterpillar was a direct copy of its beloved Colin), it has now taken action against Aldi’s light-up Christmas gin liqueur.

Both gins feature a bell-shaped bottle, edible gold flakes and are sold in a variety of fruity flavours, as noticed by the media and social media. M&S has used this as evidence of it being ‘strikingly similar’. Aldi’s version is £6 cheaper.

M&S has interestingly sought to rely on the designs it registered earlier in 2021. Design rights are often overlooked method of protecting an organisation’s products but can in some instances be a very useful method of protecting your intellectual property, and they can be relatively cheap to register.

M&S is seeking an injunction to prevent Aldi from infringing its designs, asking that it surrenders or destroys its stock and pay M&S damages along with costs. Aldi has rejected requests to stop selling these items. We will have to wait to see who wins this particular battle.

This is a useful reminder to ensure that you are protecting your intellectual property where possible, and that one product may be capable of being protected via a number of different types of intellectual property (including trade marks, copyright, designs and patents).

If you would like any advice on how to protect your intellectual property then please contact Edwina Bones at e.bones@laceyssolicitors.co.uk or on 01202 377824.

Edwina Bones

Associate — Corporate and Commercial

Direct dial: 01202 377824

Email

edwina bones

Edwina has returned to Laceys after working for Womble Bond Dickinson in Southampton and is an Associate within our Corporate and Commercial team. Edwina specialises in commercial contracts, intellectual property and charity law and has experience in drafting, negotiating and advising on a variety of agreements. Since qualifying in 2011, she has advised a range of businesses in various sectors. This includes a secondment working in-house for a well-known multi-national retailer.

Edwina has been listed in the Legal 500 as having an “incredible knowledge and a drive to do things right’. She enjoys getting to know a client’s business in order that she can provide tailored, practical advice.

Outside of work Edwina enjoys practising yoga, walking her energetic Labrador in the beautiful Dorset countryside and generally keeping active as well as spending quality time with her family and friends.

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