M&S, which lodged an intellectual assets assert with the Higher Courtroom this week, is arguing that the similarity of Aldi’s product prospects customers to consider they are of the exact same typical and “ride on the coat-tails” of M&S’s reputation with the products.
M&S wishes Aldi to clear away the merchandise from sale and concur not to market anything at all identical in the foreseeable future.
M&S launched Colin the Caterpillar all over 30 a long time in the past and his appearance has been significantly unchanged because around 2004, apart from for variations for occasions these types of as Halloween and Xmas, and relevant merchandise such as Connie the Caterpillar.
The item is central to M&S’s partnership with most cancers charity Macmillan and the retailer has produced a Colin solution for the yearly World’s Biggest Coffee Early morning fundraising celebration.
The cake is a sponge with milk chocolate and buttercream, topped with chocolate sweets and a smiling white chocolate confront.
M&S has three emblems relating to Colin, which the retailer thinks usually means Colin has obtained and retains an improved unique character and standing.
A spokesman stated: “Because we know the M&S brand is unique to our shoppers and they expect only the very finest from us, like and care goes into each individual M&S merchandise on our shelves.
“So we want to secure Colin, Connie and our name for freshness, high quality, innovation and value.”