Cake wars: M & S files claim against Aldi over rival caterpillars

If your office is anything like the Lawdit offices, you will be very familiar with the famous caterpillar cake on the market, ready for a special person’s birthday.

Colin the caterpillar has been a staple in M & S for nearly 30 years and has now extended to other products such as confectionary, and even has a friend in the form of Connie.

Protecting this icon, Marks and Spencer hold three trademarks relating to colin.

However, colin is not the only caterpillar on the market. Many supermarkets have released their own caterpillar cakes, including Clyde from Asda and Wiggles from Sainsbury’s. However, it is Aldi’s offering which has caused concern.

Marks and Spencer have filed a high court claim against Aldi for their caterpillar cake, called Cuthbert. The claim argues that the similarity between the products is an attempt to mislead customers and ‘ride on the coattails’ of the reputation Colin has built.

There has been no word yet from Aldi in respect of the claim but we will be keeping a close eye on this ongoing cake war.

For more information on protecting your trade marks, please do not hesitate to get in touch with the team today!

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