M&S sues Aldi because it’s ‘Cuthbert the Caterpillar looks too similar to Colin the Caterpillar’

April 15, 2021 - 06:38 PM - 644 views

Marks & Spencer has launched legal action against Aldi, claiming it has infringed the copyright of its Colin the Caterpillar cake.

M&S lodged an intellectual property claim with the High Court this week over its rival’s Cuthbert the Caterpillar cake.

The supermarket says the similarity between the two products leads consumers to believe they are of the same standard. It says it has allowed Aldi ‘ride on the coat-tails’ of M&S’s reputation and wants the chain to remove the product from sale and agree not to sell anything similar in the future.

The chain launched Colin the Caterpillar around 30 years ago and his appearance has been substantially unchanged since around 2004, except for adaptations for events such as Halloween and Christmas, and related products such as Connie the Caterpillar.

The product is central to M&S’s partnership with cancer charity Macmillan, and the retailer has created a Colin product for the annual World’s Biggest Coffee Morning fundraising event. Aldi’s Cuthbert the Caterpillar cake looks very similar to its rival’s version.

The new M&S and Ghost collection is here and the summer dresses are perfect for picnics M&S has three trademarks relating to Colin, which the retailer believes means Colin has acquired and retains an enhanced distinctive character and reputation.

A spokesman said: ‘Because we know the M&S brand is special to our customers and they expect only the very best from us, love and care goes into every M&S product on our shelves. ‘So we want to protect Colin, Connie and our reputation for freshness, quality, innovation and value.’

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