London-based retailer Marks & Spencer finds itself back in court – this time at the receiving end of a trademark infringement claim. Marks & Spencer recently sued German grocery chain Aldi, claiming the chain infringed its Colin the Caterpillar cake and Christmas glitter gin marks by selling similar looking items.
Now, the British retailer is itself being sued by French fashion firm Lacoste for allegedly infringing its iconic crocodile logo. Lacoste claims that by using similar crocodile images on dungarees, duvet covers, and other clothing and accessories, M&S are creating a likelihood of confusion between the brands and taking advantage of the Lacoste crocodile mark.
Last year Lacoste wrote to M&S demanding that it cease advertising and selling goods bearing crocodile logos or signs. M&S refused. Lacoste responded by asking a London court to impose an injunction against M&S and for an order for it to destroy all items bearing a crocodile at M&S’s expense, as well as for damages. The French fashion brand argues that M&S “had no due cause to adopt branding which is likely to cause confusion, to give it an unfair marketing boost.”
M&S is yet to respond in court, but a spokesperson stated that “animal prints are incredibly popular with our customers and last season selected ranges included decorative crocodile patterns. All of these products were created independently of any other retailer and we’re confident are unique to M&S and will robustly defend against the claim.”
Lacoste holds a number of UK trademarks dating back to 1984 for the word CROCODILE and for its iconic logo. Nonetheless, its argument that M&S’s use of different crocodile images and that the use of the word “crocodile” constitutes infringement of its marks will present an interesting question for the court.
The court’s decision could have important implications for the owners of UK marks and whether protection extends not just to those marks, but to similar depictions as well.
It would seem to go beyond traditionally understood trademark protections to conclude that no one may use a crocodile on clothing or retail items other than Lacoste. But that is what the French fashion firm seems to be arguing. On the other hand, Lacoste has established a considerable brand reputation with its crocodile mark, and the court may conclude that using a sufficiently similar image on goods could cause public confusion and bring M&S an unfair advantage.
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