About this deal
Lawyers for the high street chain had claimed that the two sweets’ designs were so similar that its customers might have bought the wrong item in error. 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. Spread the buttercream evenly onto the fully cooled cookie base, leaving some space around the edge, then drizzle the pizza with Percy Pig dessert sauce before decorating with mini marshmallows, Party Percy sweets and jazzie sprinkles. Whisk in the egg and the egg yolk, scraping down the sides of the bowl as needed until fully incorporated. Add the Percy Pig dessert sauce and whisk. A spokesman for M&S 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.
M&S’s arguments centre on Swizzels’ Pig Mugs gums, being both confusingly similar to Percy, or where the public can distinguish the two products, whether Swizzels are benefiting from the clear link generated between the two. Lawyers even submitted a photo of a customer who had a Percy Pig tattoo as evidence of its cult following, the newspaper reported. Joel Smith, intellectual property partner at law firm Hogan Lovells,said it would be difficult for M&S to argue that Swizzels had acted unfairly. The retailer believes Swizzels’ Pigs Mugs treats are “highly similar” to Percy and say that confused customers could buy the wrong ones.Whisk the remaining cream until soft peaks have formed. Spoon over the custard, using a spatula to create soft peaks. Pour the mix onto the pizza pan or into the lined tin and level the top.Bake for 25 minutes, then remove from the oven andleave to cool. Whisk together 500ml custard, 100g Percy Pig dessert sauce and a few drops of pink food colouring, then spoon into the trifle bowl, smoothing on top. Marks & Spencer has agreed to end a dispute with the confectionery company Swizzels after accusing it of copying its Percy Pig sweets.
Whisk in pink or red food colouring, if using– a few drops should be all that is required to give a light pink colour – then fold through the mini marshmallows and white chocolate chunks.
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In its legal submission, M&S cited an example of a customer who loved the fruit gums so much they had got a tattoo of Percy’s face.