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Daily Mirror
Daily Mirror
Business
Sam Barker

M&S back in court after accusing rival sweetmakers of 'copying' Percy Pig

Marks and Spencer has accused a major confectionery firm of copying its famous Percy Pig sweets - and is taking court action.

Percy Pigs have become one of M&S' most successful creations since they were first invented in 1992.

Now more than 20million packs are sold a year.

But now, the posh supermarket has gone to court and accused sweet firm Swizzels of copying the Percy Pig design.

M&S said Swizzels’ Pigs Mugs treats are "highly similar" to its own sweets, Retail Gazette reports.

The high street retailer wants a payout and is seeking an injunction against Swizzels.

M&S even wants any "copycat" sweets to be destroyed.

M&S says these Swizzels pig sweets are too close for comfort (Swizzles)

Percy Pigs are made by German firm Katjes.

An M&S spokesperson said: "M&S has a proud history as a leading British innovator and for over 136 years customers have turned to M&S for unique, original, quality products – conceived, created and developed alongside trusted suppliers and produced to the highest standards.

“M&S and Katjes have made significant investment in building a strong Percy Pig brand over the past 30 years and believe it is important to protect the registered trademarks relating to Percy Pig's appearance.”

Swizzels, which makes popular sweets Refreshers and Drumsticks, has been selling Pigs Mugs from 1996. Swizzels would not comment.

Percy Pigs are now available in a range of different flavours.

As well as the sweets themselves, M&S has expanded the Percy Pig brand into fruit juice, chocolates, cakes, ice cream, clothing and toys.

But this is not the first time M&S has taken steps to protect one of its well-known creations.

Last year M&S took action against Aldi because it claimed the supermarket had copied its Colin the Caterpillar cake.

Marks wanted to pull Cuthbert from shelves after saying the cake infringed the trademark of Colin and "rides on the coat-tails" of its reputation.

The food giant had gone on to claim that the similarity of both products leads customers to believe they are of the same standard.

Marks and Spencer and Aldi have now settled their long-running Colin the Caterpillar cake row.

M&S first lodged an intellectual property claim with the High Court in April 2021.

Aldi then started selling Cutherbert the Caterpillar cake again the following month, in May 2021, after making changes to its design.

In the months that followed, the budget retailer went on to mock M&S in a series of tongue-in-cheek tweets that branded the supermarket “Marks and Snitches”.

It also launched a #FreeCuthbert social media campaign, and in one tweet said: “This is not just any court case, this is... #FreeCuthbert.”

M&S also sued Aldi last year for allegedly copying its sell-out Christmas ‘Light Up’ gin.

In court papers, M&S argued the designs of Aldi’s gold flake clementine gin liqueur and gold flake blackberry gin liqueur was “strikingly similar” to its own.

A list of features M&S said were protected include the shape of the bottle, an integrated light feature, gold leaf flakes and a winter forest graphic.

But Aldi were quick to lighten to mood and tweeted "We're Colin our lawyers" - a reference to the row over rival Colin and Cuthbert Caterpillar cakes.

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