Marks and Spencer (M&S) has launched legal action against supermarket competitor Aldi in an attempt to protect its ‘Colin the Caterpillar’ cake brand, reports have revealed.
According to court documents, the British retailer claims that Aldi’s ‘Cuthbert the Caterpillar’ cake is too similar to its own and could “mislead” customers into thinking the two products are sourced to the same standards.
The icing-covered sponge cake, ubiquitous with children’s parties, was first launched in 1990 by M&S in partnership with cancer charity Macmillan.
However, a number of other retailers have since launched their own version of the cake, including Waitrose’s ‘Cecil’, Tesco’s ‘Curly’, Sainsbury’s ‘Wiggles’, and Asda’s ‘Clyde the Caterpillar’.
But intellectual property experts say the M&S product and Aldi equivalent are “very similar” and “much closer” than other caterpillar cakes on the market.
In its High Court claim, M&S has asked Aldi to cease the sale of ‘Cuthbert the Caterpillar’ and not sell anything similar in the future.
Commenting on reports, an M&S spokesperson said the legal claim is “a targeted approach to protect our brand assets”.
Aldi, which has not stocked the cake since mid-February, has yet to comment on the legal battle.
The discount retailer has been involved in multiple trade mark disputes over the last couple of years, including with sausage brand Heck, drinks giant Brewdog, and Yoghurt manufacturer Collective.
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