Sector Focus:Legal
Marks & Spencer is suing
Aldi for infringing its Colin the Caterpillar trade mark
Colin vs Cuthbert: Aldi in legal battle
Aldi is being sued by Marks & Spencer over claims that its Cuthbert the Caterpillar cake infringes M&S’ Colin the Caterpillar trade mark. Carys Thompson – Partner at leading Yorkshire law firm, Keebles LLP – explains why M&S is suing and what it could mean for the industry. Carys said: “M&S has three
registered trademarks relating to its Colin the Caterpillar cake. The company lodged an action
against Aldi in the High Court claiming that the similarity of Aldi’s lower priced Cuthbert the Caterpillar cake infringes M&S’s trade mark. “M&S argue that despite being a
lower-priced product, it leads consumers to believe the Aldi cake is of the same standard as M&S’s Colin the Caterpillar cake and ‘rides on the coat-tails’ of M&S’ reputation. “The verdict will depend on
whether the High Court decides that Aldi is seeking to benefit commercially by bringing a confusingly similar product to market.” The case raises questions about
retailers selling similar products which are closely related to those sold by competitors but are branded up differently in an attempt to avoid trade mark issues such as this. Carys added: “This will be an
interesting case to follow. “If M&S is successful, it will be
interesting to see whether the company takes action against other retailers that have created their own similar products or whether those retailers remove their products from sale.”
To discuss trade mark laws in more detail, contact Carys Thompson at
carys.thompson@
keebles.com or on 0114 252 1485.
Re-accreditation for personal injury expert
John McQuater, Partner and Head of Litigation at Doncaster-based Atherton Godfrey, has successfully secured re-accreditation as a personal injury specialist, by the Law Society of England and Wales. Members of the scheme are
reassessed regularly to ensure that they continue to meet the stringent standards set by the Law Society. Each member must evidence
that they have extensive experience of handling cases throughout the entire claims process, including through the courts, where necessary. In addition to the personal injury
accreditation, Mr McQuater also holds Law Society accreditation as a clinical negligence specialist. The Law Society accreditations complement the Association of
Personal Injury Lawyer (APIL) accreditations held by John, which include Brain Injury Specialist and Fatal Accident Specialist. John said: “There are many
personal injury lawyers out there, which can make it difficult for people to know who to go to. “These accreditations are an important kitemark for clients looking for someone to represent them. They offer reassurance that they are engaging a legal professional with solid experience in a particular and often complex field.” Mr McQuater has practiced
personal injury law for more than 30 years and is an accomplished author in the field. His expertise is acknowledged by the Legal 500 and Chambers UK legal directories.
Spring 2021 CHAMBERconnect 65
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