The Anti Copying in Design (ACID) watchdog has reported that ‘Marks & Spencer – Poacher turned Gamekeeper’ – has resolved its battle with Aldi over the latter’s copyright theft of its popular Colin the Caterpillar Cake design, in a dispute which began over a year ago.
ACID reported that despite not admitting any liability (which usually means that the alleged copyist stopped proceedings prior to it reaching court), a confidential settlement was reached between M & S and Aldi UK. Such legal speak would typically mean that an undisclosed figure was paid and the alleged infringer wanted to mitigate any further damage by a joint agreement to protect further damage to their brand.
ACID CEO, Dids Macdonald, said, “M & S have been the recipient of many look alike challenges by ACID members (as have Aldi UK) so it’s interesting that the challenged has become the challengers and it is most interesting to see that the current challenge by a chocolatier seems to have ended positively for M & S and Choc on Choc. After social media pressure M & S caved in and will now work with the chocolatier. Good for Choc on Choc for shouting, getting action and calling M & S to account.”
Whilst M&S said, it was “pleased” with the outcome, Aldi turned the story on its head, saying “Cuthbert the Caterpillar cake was “free” and “looking forward” to seeing his fans.” M&S has now launched an LGBTQ+ edition of the cake in time for Valentine’s Day, with same-gender versions of the ‘couples’ packs available.
An M & S spokesman said: “The objective of the claim was to protect the [intellectual property] in our Colin the Caterpillar cake and we are very pleased with the outcome. Like many other UK businesses, large and small, we know the true value and cost of innovation and the enormous time, passion, creativity, energy, and attention to detail that goes into designing, developing, and bringing a product to market, and building its brand over many years.”
ACID commented, “Having spent decades of being the challenged in IP issues in ACID member cases being brought against M & S, especially from lone, micro and SME design innovators let’s hope this is true. ACID is more than encouraged by the M & S statement. We will be sending an invitation to M & S to be the first to sign the ACID IP Anti Copying in Design Charter.”
It’s not a full truce for the supermarket giants, however, as Aldi is still embroiled in another legal dispute with M&S over a light-up Christmas gin. M&S is seeking a High Court injunction restraining Aldi from further alleged infringement of its protected designs, in papers filed on December 3 with the High Court.. M&S claims Aldi has been selling gold-flake gin liqueurs branded “The Infusionist” in different flavours with bottle designs that are copies of M&S’s Light-Up Gin.
