No doubt you have seen news of this trade mark infringement claim if you have been on social media recently. Marks and Spencer (M&S) have begun a legal claim against Aldi alleging that Aldi’s Cuthbert the caterpillar cake has infringed on its trade mark for its Colin the caterpillar cake.
The intellectual property claim filed at the High Court has called for Aldi to remove the product from sale and agree to not sell anything similar in the future.
M&S owns trade marks in relation to Colin the caterpillar. The words Colin the Caterpillar were register in 2009 and its packaging was registered in 2020.
M&S said, “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 to protect Colin, Connie and our reputation for freshness, quality, innovation and value.”
Aldi appeared to respond with #FreeCuthburt campaign on social media which pointed out all the caterpillar cakes owned by various other supermarkets.
We shall have to keep an eye on this battle of the caterpillars.