M&S Take On Aldi Over Colin the Caterpillar Cake

Retail giant Marks & Spencer has started legal action against Aldi, as they say the supermarket is infringing on their trademark. They lodged an intellectual property claim with the High Court this week. M&S are to fight Aldi over Colin the Caterpillar, as their Cuthbert the Caterpillar cake is too similar.

M&S wants the product removed from sale, and for Aldi to agree to not sell anything like it in the future. They fear the similarity between the two cakes leads consumers to believe they are of the same standard and quality. This implies the supermarket are trying to benefit themselves by riding off the back of M&S’s good reputation.

Customers respect the M&S brand. It is well known for its connotations with the highest quality so they expect only the very best. This is reflected in the love and care M&S put into every product on their shelves.

A favourite for 30 years

The hugely popular Colin the Caterpillar cake launched around 30 years ago. It is a chocolate sponge roll with a buttercream filing and milk chocolate coating, decorated with colourful chocolate sweets and a smiling white chocolate face.

Colin’s appearance has stayed relatively the same since around 2004. Although he does undergo a slight makeover for special occasions such as Christmas. And let’s not forget the related products such as Connie the Caterpillar.

Colin is also central to M&S’s partnership with cancer charity Macmillan. They have even created a special product for the annual World’s Biggest Coffee Morning fundraising event.

There are three trademarks relating to Colin. This means he has an enhanced distinctive character and reputation that should be retained. The retailer says they “want to protect Colin, Connie and our reputation for freshness, quality, innovation and value.”

M&S was the first retailer to sell a caterpillar cake, and it has been a firm favourite for many over the years. However, several supermarkets now have their own similar products, as well as Aldi. Other similar offerings include Asda’s Clyde the Caterpillar, Waitrose’s Cecil, Tesco’s Curly and Sainsbury’s Wiggles.

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