M&S agrees settlement with rival candy maker Swizzels

Sweet victory for M&S: Percy Pig makers agree settlement with rival Swizzels after accusing them of copying its beloved candy

• M&S claimed the sweets were so alike, customers were buying the wrong ones 

Marks & Spencer has agreed a settlement with British sweet-maker Swizzels after accusing it of copying its much-loved Percy Pigs.

M&S said it had reached an ‘amicable resolution’ with Swizzels, who had agreed to change the design of its Pigs Mugs treats.

The retailer’s lawyers had claimed that the sweets were so alike that customers might have ended up buying the wrong ones.

A 37-page document filed at the High Court in London in November said the Percy Pig brand had generated a £131.7 million turnover since its launch in 1993 and currently 271 bags were sold a minute.

In their legal submission, an example was used of a customer who loved the sweets so much they had a tattoo of Percy’s face.

M&S’ popular sweet has been the subject of more than one copyright row

Swizzels is well-known for classics such as Refreshers, Parma Violets and Drumsticks and has been selling its Pigs Mugs sweets since 1996

An M&S spokesman said: ‘M&S has a proud history as a leading innovator and for almost 140 years customers have turned to M&S for unique, original, quality products – conceived, created and developed alongside trusted suppliers and produced to the highest standards.

READ MORE: Don’t hog our trademark! Family-run gelato cafe has to change the name of its Percy Pig ice cream after Marks & Spencer sent a cease and desist letter asking them to rename it ‘something like Pig Faces’ 

‘M&S has made a significant investment in building a strong Percy Pig brand over the past 30 years and believe it is important to protect the registered trademarks relating to Percy Pig’s appearance.’

Founded in 1928, Derbyshire-based Swizzels is well-known for classics such as Refreshers, Parma Violets and Drumsticks and has been selling its Pigs Mugs sweets since 1996.

M&S has previously taken well-publicised legal action against retailers for infringing their trademarks, but in this case they have taken action against a manufacturer.

Earlier this year, Aldi lost a court battle against Marks & Spencer after being accused of copying its light-up Christmas gin bottles.

The High Court ruled that Aldi infringed the design of its rival’s product, in a major blow to the German discounter, which had denied the accusations.

The case was the latest legal wrangle between the companies, after M&S had previously accused the discount supermarket chain of copying the design of its Colin the Caterpillar cake.

The firms reached a settlement over the dispute last year.

Last month, family-run gelato shop, Fabio’s Gelato, was forced to change the name of its Percy Pig ice cream after it received a cease and desist letter from the retailer

Last month, a family-run gelato shop was forced to change the name of its Percy Pig ice cream after it received a cease and desist letter from Marks & Spencer.

Fabio’s Gelato, based in Hitchin, Hertfordshire, received the letter which included a pack of sweets on May 11, a week after the new flavour was announced on its Facebook page.

M&S claimed the owner, Fabio Vincineti, could not use the name of the product – because since 1992 Percy Pig can only be used on ‘official M&S products’.

Mr Vincineti, 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.

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