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Colin v Cuthbert: Copycat-erpillar?
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<blockquote data-quote="Jacob Miller" data-source="post: 77001" data-attributes="member: 5063"><p>I think the Colin/ Cuthbert dispute is really interesting on a number of levels. It really has caught the public imagination and it's got the nation talking. </p><p></p><p>From a legal perspective, I must admit that I understand & agree with M&S' case: if you look at all the various caterpillar cakes on the market, it's hard to ignore the similarities which are more present between Colin and Cuthbert than any other brand. If you're feeling smart, you can <a href="https://thetab.com/uk/2021/04/15/quiz-can-you-correctly-identify-all-the-different-supermarket-caterpillar-cakes-202273" target="_blank">take this test</a> to see if you really know your Colins from your Cuthberts! </p><p></p><p>From a commercial perspective, though, it's hard to ignore that it's been a <a href="https://www.edinburghlive.co.uk/news/uk-world-news/ms-aldi-slug-out-twitter-20443596" target="_blank">PR masterclass from Aldi</a>... and a disasterclass from Markies. From this perspective, I can't help but wonder whether it's really backfired on M&S in creating the dispute? The British public do love an underdog, and have (generally speaking) really got behind Aldi. I for one would be exceptionally keen to see whether the sales figures for either company has substantively changed in the last week or so. Speaking of 'dogs', <a href="https://www.morningadvertiser.co.uk/Article/2020/08/21/BrewDog-Punk-IPA-Aldi-beer" target="_blank">Brewdog's answer</a> to Aldi's "interpretation" of their iconic Punk IPA in August last year showed a completely different type of response to a very similar situation... one which was certainly much better received than M&S' litigation campaign. </p><p></p><p>I think, for applicant, this is a prime example of why it is exceedingly important to remember wider commercial implications of legal actions in the application process. It strikes me that there is a reasonable likelihood that M&S badly miscalculated the commercial implications of raising this dispute, and that - while they may or may not win in a courtroom - it seems as though they have already suffered some reputational damage in how they've handled the fall-out. </p><p></p><p>I look forward to hearing your thoughts!</p></blockquote><p></p>
[QUOTE="Jacob Miller, post: 77001, member: 5063"] I think the Colin/ Cuthbert dispute is really interesting on a number of levels. It really has caught the public imagination and it's got the nation talking. From a legal perspective, I must admit that I understand & agree with M&S' case: if you look at all the various caterpillar cakes on the market, it's hard to ignore the similarities which are more present between Colin and Cuthbert than any other brand. If you're feeling smart, you can [URL='https://thetab.com/uk/2021/04/15/quiz-can-you-correctly-identify-all-the-different-supermarket-caterpillar-cakes-202273']take this test[/URL] to see if you really know your Colins from your Cuthberts! From a commercial perspective, though, it's hard to ignore that it's been a [URL='https://www.edinburghlive.co.uk/news/uk-world-news/ms-aldi-slug-out-twitter-20443596']PR masterclass from Aldi[/URL]... and a disasterclass from Markies. From this perspective, I can't help but wonder whether it's really backfired on M&S in creating the dispute? The British public do love an underdog, and have (generally speaking) really got behind Aldi. I for one would be exceptionally keen to see whether the sales figures for either company has substantively changed in the last week or so. Speaking of 'dogs', [URL='https://www.morningadvertiser.co.uk/Article/2020/08/21/BrewDog-Punk-IPA-Aldi-beer']Brewdog's answer[/URL] to Aldi's "interpretation" of their iconic Punk IPA in August last year showed a completely different type of response to a very similar situation... one which was certainly much better received than M&S' litigation campaign. I think, for applicant, this is a prime example of why it is exceedingly important to remember wider commercial implications of legal actions in the application process. It strikes me that there is a reasonable likelihood that M&S badly miscalculated the commercial implications of raising this dispute, and that - while they may or may not win in a courtroom - it seems as though they have already suffered some reputational damage in how they've handled the fall-out. I look forward to hearing your thoughts! [/QUOTE]
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