M&S begins legal action against Aldi’s over the Caterpillar cake

Marks & Spencer has started legal action against Aldi over a claim that the discount supermarket is infringing the trademark of its Colin the Caterpillar cake.

This week Marks & Spencer has lodged an intellectual property claim with the High Court relating to its rival’s Cuthbert the Caterpillar product.

It argues that the similarity of the Aldi product leads consumers to believe that they are of the same standard.

M&S launched Colin the Caterpillar about 30 years ago and his appearance has been substantially unchanged since around 2004, except for adaptations for events such as Halloween and Christmas.

They wants Aldi to remove the product from sale and agree not to sell anything similar in the future.

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