Marks and Spencer has actually launched legal action against Aldi over what it states is its replica version of the traditional Colin the Caterpillar cake.
M&S declares that rival grocery store chain Aldi’s Cuthbert the Caterpillar cake infringes its hallmark.
In an effort to safeguard Colin the Caterpillar, M&S has actually lodged a copyright claim with the High Court.
The business is declaring that the similarities between their Colin cake and Aldi’s Cuthbert cake lead consumers to believe they are of the exact same standard.
It is likewise arguing that Aldi’s resemblances “ride on the coat-tails” of M&S’s long-established track record of the Colin the Caterpillar product.
M&S wants Aldi to stop offering Cuthbert and not sell anything comparable in the future. The retail chain has produced different seasonal versions of Colin for holidays such as Christmas, Easter and Halloween. There is also now a Connie the Caterpillar.
M&S has three various trademarks against Colin the Caterpillar. It believes Colin has a distinct character and credibility that will ensure the courts will rule in their favour.
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An M&S representative stated: “Since we understand the M&S brand is unique to our clients and they expect only the very best from us, love and care enters into every M&S item on our racks.
” So we wish to protect Colin, Connie and our reputation for freshness, quality, development and value.”
Colin the Caterpillar was first introduced by M&S in 1990 and the cake’s appearance has actually remained mainly the exact same considering that 2004.
It consists of a chocolate sponge, chocolate buttercream and milk chocolate finishing. It is topped with sugar-coated chocolate beans and has a white chocolate face.
The family-friendly cake has actually long been a staple for birthday events– David Beckham had one for his 43rd birthday and Judi Dench likewise saw in a birthday with a Colin the Caterpillar cake.
The Independent has contacted Aldi for remark.