Where next for Cuthbert? - MLP Law

Where next for Cuthbert?

  • Commercial Law
  • 2nd Feb 2022

The Battle Royale between Colin and Cuthbert (M&S and Aldi) has reached a confidential settlement in the High Court. .

By Stephen Attree

Image Credit: BBC News/Aldi

The Battle Royale between Colin and Cuthbert (M&S and Aldi) has reached a confidential settlement in the High Court. 

Whilst Aldi’s clever PR and Marketing spin won support amongst its customer base many high street retailers will be relieved at the ruling. 

The Intellectual Property, the creativity that goes into branding and product design take vast amounts of time, resource and risk on the part of the creators and we all benefit when companies are willing to innovate and bring new ideas to market.

The law has for a long time protected the authors and creators from those that would seek to cut corners and piggyback on the toil of others.  Whether that is passing off, design right, copyright or Trade Mark protection (there are also patents, however there were no patents involved in this case).
As the communications form Aldi suggest, we are likely to see Cuthy B re-appear in some form though I suspect it will be substantially different from the cake that previously graced its shelves.
1 – 0 going in to round two on the light up gin case. 
My money’s on M&S…..
Stephen Attree
For any intellectual property protection and intellectual property infringement advice please contact our Commercial and IP team on commercial@mlplaw.co.uk or alternatively call 0161 926 9969.

About the expert

Stephen Attree

Managing Partner

Stephen is the Owner of MLP Law and leads our Commercial, IP and Dispute Resolution teams which provide advice on all aspects of the law relating to mergers, acquisitions, financing, re-structuring, complex commercial contracts, standard trading terms, share options, shareholder and partnership agreements, commercial dispute resolution, joint venture and partnering arrangements, IT and Technology law, Intellectual Property, EU and competition law, Brexit and GDPR.

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