Marks & Spencer is going to sell chocolates from an independent sweetmaker after being accused of copying its design.
Bath-based chocolatier Choc on Choc has a range of products including chocolate matchsticks - which it says M&S has copied.
The Choc on Choc matchsticks feature white matches with red ends, with 'perfect match' written on them - exactly the same as the M&S range.
M&S started selling its chocolate matchsticks this year as a present for Valentine's Day
But the originals were launched by Choc on Choc in 2015, Retail Gazette reports .
The independent chocolatier took to Twitter to flag up the issue.
@AldiUK you free for some banter on this after they threw the book at you for copying Colin ….umm they just copied me ps how is #cuthbert? pic.twitter.com/fP4l2okGDn
— choconchoc (@chiefchoclady)
M&S has said it will sell the Choc on Choc matchsticks for Valentine's Day, and will also sell its products for Mother's Day and Easter.
Choc on Choc founder Flo Broughton said: “It was clear they had copied my design, and I was extremely disappointed that a British institution believed this was ok.
“After posting about the copying on social media on Friday and Saturday, M&S contacted me and said they wanted to resolve this. On Sunday lunchtime we had a video conferencing call and came to an agreement."
M&S has been approached for comment.
The news follows a spat last year between M&S and Aldi, which it claims copied its famous Colin the Caterpillar cake designs .
M&S brought legal action against Aldi over its own Cuthbert the Caterpillar cake.
Marks said the Cuthbert cake infringes its trademark and "rides on the coat-tails" of its reputation, and has lodged an intellectual property claim with the High Court.
The Aldi cake was priced at £4.99 and Aldi says all profits from each cake sold go to Teenage Cancer Trust.
In comparison, Colin the Caterpillar costs £7 from M&S .
Ever since, Aldi has taken the opportunity to poke fun at the conflict in its marketing, making numerous light-hearted comments about it on social media and even making a reference in its Christmas advert.
The supermarket even unveiled a 10ft mistletoe structure outside its Skegness store, which is located right next to an M&S, with an invitation to “kiss and make up” written on it last month.
M&S also had a 2021 row with Aldi over gin liquers - which it also said emulated its own .
In court papers, M&S argued the designs of Aldi’s gold flake clementine gin liqueur and gold flake blackberry gin liqueur are “strikingly similar” to its own.
A list of features M&S says are protected include the shape of the bottle, an integrated light feature, gold leaf flakes and a winter forest graphic.
It also wants Aldi to destroy or hand over anything constituting a potential breach of the injunction and an inquiry into damages arising from the alleged infringement.
Aldi was quick to lighten to mood and Tweeted: "We're Colin our lawyers" - in reference to the earlier row over the caterpillar cakes.
