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Back in April, M&S commenced legal action against Aldi over its Cuthbert the caterpillar cake infringing on M&S’s Colin the caterpillar trade mark.

Now, it has been reported that M&S is suing Aldi for design infringement. M&S claims that Aldi’s gold flake blackberry and clementine gin liqueurs are ‘strikingly similar’ to its range of Christmas gin. Specifically, it has a similar shaped light up bottle with floating gold leaf and a depiction of a winter forest. Aldi’s product is being sold for about £6 less than M&S’s.

M&S is seeking an injunction to stop Aldi from selling its product. It also wants all of Aldi’s infringing products to be destroyed or surrendered and wants damages.

M&S claims that customers may be misled into believing the two products are the same standard and that Aldi’s cheaper product is riding ‘on the coat-tails’ of M&S’s reputation.

We shall have to wait and see for the outcome of this latest dispute between the two supermarkets.

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