Two ice cream shop owners were stunned when Marks and Spencer sent them a letter about the name of their Percy Pig-inspired ice cream. The pair said they're flattered - but weren't expecting the response they got from the major high street retailer.
The family-run ice cream shop were forced to change the name of their Percy Pig ice cream after M&S sent a cease and desist letter - with a packet of sweets. Fabio's Gelato, based in Hitchin, Hertfordshire, received the letter after making the unique ice cream for only a week.
Marks said owner Fabio Vincineti could not use the name of the product - as since 1992 Percy Pig could only be used on "official M&S products". The high street giant also included a packet of sweets with the letter.
Fabio, who owns the business with his wife Hannah, said: "Just before the King's coronation we made the ice cream and advertised it. The day we actually started selling it was the day we were sent the letter. It said we were more than welcome to use the product but not the name.
"The letter was really fair and was a nice way of saying stop using the name. I get they've worked really hard to create the brand name, so it's understandable. They gave us alternative name ideas and even sent a packet of sweets.
"It's the first time we've been sent a letter like this. We always just thought we were too small - we're a drop in the ocean. To be spotted by them is quite flattering really.
"Because M&S have done so well with the brand I know they get copied by other supermarkets a lot - we even tweeted Aldi as a joke asking for a chat." Fabio has since opened an online competition, which has had 120 entries so far, asking customers to come up with a new name for the ice cream.
The family-run ice cream parlour creates gelato from several branded items including chocolate bars, energy drinks, McDonalds and Marmite. However, this is the first time they've received a legal request from a brand to change the name of their product.
M&S said in its letter: "While we are flattered that you have been inspired to create a flavour based on our Percy Pig sweets, and in no way wish to stop you selling this flavour or from using our sweets to top it, we would be grateful if you could avoid using the name Percy Pig to do so.
"Percy Pig is one of our 'hero' brands and we own trade marks to protect it. We risk losing those trade marks (and more importantly to us, consumers will no longer be confident Percy Pig-branded products originate from M&S) if we do not take steps to stop others from using them without our permission. We hope you understand how important it is for us to protect our brand.
"However, we also understand that mistakes are easily made in this area and we are keen to resolve this amicably." They then asked if the ice cream parlour could confirm within 14 days that they had renamed the flavour and suggested "Something like Pig Faces or Pig Sweets would be fine".
An M&S spokesperson said: “Percy Pig is the nation’s favourite pig and he’s careful to only put his name on official M&S products. It’s flattering that he’s inspired Fabio’s new gelato and we hope they enjoy the treat we sent - Percy Pig sweets of course!.''
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