MARKS & Spencer has launched legal action against Aldi over the discounter’s copycat version of its Colin the Caterpillar cake.
The posh supermarket is arguing the similarity of Aldi’s Cuthbert the Caterpillar cake leads customers to believe they’re of the same standard.
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The trademark infringement claim, lodged with the High Court this week, also claims it “rides on the coat-tails” of M&S’ reputation with the product.
Aldi launched its caterpillar cake in 2019 for £4.99, while M&S charges a pricier £7.
M&S now wants Aldi to remove the product from sale and agree not to sell anything similar in the future.
It launched Colin the Caterpillar around 30 years ago and the design has been largely unchanged since around 2004.
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The only exception is for seasonal versions during events such as Halloween, Christmas and Easter.
Just like Colin, Cuthbert is made with a chocolate sponge cake filled with chocolate buttercream – and it also comes with a white chocolate face.
M&S has three trademarks relating to Colin, which the retailer believes means Colin has distinctive character and reputation.
An M&S spokesperson said: “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.”
The Sun has contacted Aldi for comment.
The discounter is well-known for its copycat products, which also include other treats such as chocolate and cookies.
However, a few years ago, it faced legal action from small businesses which claimed the supermarket is ripping off its goods.
In 2019, Charlotte Tilbury also won legal battle against Aldi for selling £6.99 copycat dupes of its £49 bronzer.
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Aldi launched its Cuthbert the Caterpillar cake in October 2019.
Meanwhile, the posh supermarket rolled out an Easter Colin the Caterpillar cake this year.
It comes after shoppers were “disturbed” by the Easter version last year, claiming it looked “demonic”.
The tricks Aldi uses to make shoppers spend more revealed
