Food Fight: Colin v Cuthbert Rian Shah

authenticity of Marks & Spencer’s cake. The intention of the legal action is to ensure that Aldi remove the product from its shelves and agree to never sell similar products in the future; in effect disallowing Aldi from selling a caterpillar cake that Marks & Spencer deem too similar to Colin. Marks & Spencer holds three trademarks relating to Colin and a spokesman suggested that the reason for the legal action is to uphold the supposed reputation Marks & Spencer has for its freshness, quality, innovation, and value. The High Court’s decision will rest on whether it believes that the cake served by Aldi is being used as an attempt to confuse consumers to gain commercial benefit. Aldi is no stranger to intellectual property claims, as in 2014 it escaped punishment by fighting off allegations bought to court by Moroccan Oil against Aldi’s own brand version “Miracle Oil” . However, in the same year it did not have success in battling Icelandic Seachill who claimed Aldi had infringed their trademarks, and Aldi were forced to remove the product and the companies settled out of court.