M&S Colin the caterpillar

M&S goes to war with Aldi as it launches court case over Colin the Caterpillar imitation

Brits have suggested the lawsuit is 'bloody madness'

M&S has gone to war with Aldi over its imitation Colin the Caterpillar cake.

The retail giant filed a claim against the bargain supermarket in the High Court yesterday (April 14).

M&S is suing Aldi over its Cuthbert the Caterpillar cake and demanding that it removes the product from its shelves.

Colin the caterpillar
M&S appears keen to protect Colin the Caterpillar at all costs (Credit: M&S)

What has M&S said about the Colin the Caterpillar cake war?

M&S has pointed out the similarities between Colin – which retails at £7 – and Cuthbert, which costs £4.99.

M&S claims Cuthbert amounts to trademark infringement and is demanding Aldi remove the product from sale.

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It argues customers could falsely believe the two products are sources to the same standards due to its “substantial similarity” with Colin.

“At M&S we are passionate about creating the highest-quality, most innovative food for our customers – whether that is 100% British sourced meat or iconic products like Colin the Caterpillar, Percy Pig and our glitter gin globe,” a rep said.

cuthbert the caterpillar
M&S has filed a lawsuit against Aldi’s Cuthbert the Caterpillar cake (Credit: Aldi)

‘We want to protect Colin’

“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 protect Colin, Connie and our reputation for freshness, quality, innovation and value.”

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The rep added that M&S has three trademarks relating to Colin.

As such, the store believes the cake had acquired and retained an enhanced distinctive character and reputation.

Both Colin and Cuthbert are log-shaped chocolate sponge cakes with a solid chocolate shell.

Both have white chocolate feet and a white chocolate face.

Colin faces
Colin is one of the store’s most recognisable characters (Credit: M&S)

When did the cakes first launch?

Colin first launched in the UK in 1990 and celebrated its 30th birthday last year.

Aldi, meanwhile, launched Cuthbert in 2019.

There is only one Colin the Caterpillar and he will always have a very special place in my family.

The cake appeared to already have been removed from Aldi’s website today.

A rep for Aldi declined to comment on the story when ED! contacted them.

What have Colin the Caterpillar fans said about the M&S court case?

Brits took to Twitter to comment on the Colin the Caterpillar cake war.

And it seems they’re pretty divided over the news.

“Aldi is relentless with brand plagiarism. It’s parasite retailing,” commented one.

Another said: “I’m with M&S on this one. There is only one Colin the Caterpillar and he will always have a very special place in my family.”

However, some wondered why M&S has no issue with other supermarkets’ apparent take on Colin.

“M&S have no issue with the other supermarkets variations of it?” one questioned.

“But what about @Morrisons Morris the Caterpillar Cake – surely the same principal?” questioned another.

And others said there were much more important things going on in the world.

“Bloody madness. People are dying of COVID-19 costing our country billions and they are squabbling over a bloody cake,” said one.

“Instead of M&S paying greedy solicitors to fight a legal case over a cake, couldn’t they donate the money to a food bank?” another asked.

Head to our Facebook page @EntertainmentDailyFix and tell us whose side you’re on.