The case has been filed at the High Court earlier this week, with official papers showing M&S is after damages as well as an injuction against Swizzels to stop it from selling Pigs Mugs. 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. Meanwhile, Swizzels had argued that the trademark registered by M&S was such poor quality that the face “looks more like a teddy bear than a pig”. It is indisputable that ‘Percy Pig’ has built up substantial goodwill and reputation in the UK since M&S launched the sweet in 1992.

For the base, in a large mixing bowl, cream together the butter and the sugarwith an electric whisk until light and fluffy. For the buttercream, beat together the butter, dessert sauce, icing sugar and milk until smooth. Gradually add drops of pink or red food colouring, mixing after each addition, until the buttercream is as pink as Percy. The spokesperson added: “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,” the spokesperson added. 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.

Swizzels, which is based in Derbyshire, has been making sweets since 1928, and also makes lines including Refreshers and Parma Violets. 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. M&S is heading to court as it accuses sweetmaker Swizzels from copying its infamous Percy Pig sweets. However, with Swizzels’ almost 26 years of concurrent use, the hurdle for M&S is whether this is an example of honest co-existence, or whether Swizzels has acted unfairly.”

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. Percy is not immune to controversy, however, causing a stir in 2019 when M&S changed the recipe to remove gelatine and make him vegetarian, prompting complaints of a deterioration in flavour.Whip 450ml cream until stiff peaks have formed. Fold in 150g Percy Pig dessert sauce and a few drops of pink food colouring. Lightly crush 150g fresh raspberries with a fork, then fold these through. 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. M&S is taking sweetmaker Swizzels to court as it claims its Pig Mugs sweets are “highly similar” to its infamous Percy Pigs // The retailer claims that confused customers could end up buying the wrong porcine treat

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. Preheat oven to 175°C/150°C fan/gas mark 3. Line a pizza pan or,if you want a deeper dish pizza, an 8- or 9-inch cake tin with greaseproof paper. An M&S spokesman said: “M&S has a proud history as a leading British innovator and for over 136 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.Aldi’s own Cuthbert the Caterpillar escaped legal wrath after the two parties reached a deal earlier this year, allowing it to continue trading, albeit with a slightly different appearance. 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.