United Kingdom

Colin versus Cuthbert as M&S declares caterpillar cake war on Aldi 

Marks & Spencer is taking legal action against Aldi in a bid to to protect its Colin the Caterpillar cake.

The retailer argues that the German chain's Cuthbert the Caterpillar product infringes its trademark and has lodged an intellectual property claim with the High Court this week.

M&S said that the similarity of Aldi's product leads consumers to believe they are of the same standard and "ride on the coat-tails" of its reputation with the product.

Marks wants Aldi to stop selling the Cuthbert cake and agree not to sell anything similar in the future.

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, and related products such as Connie the Caterpillar.

The product is central to M&S's partnership with cancer charity Macmillan and the retailer has created a Colin product for the annual World's Biggest Coffee Morning fundraising event.

The cake is a sponge with milk chocolate and buttercream, topped with chocolate sweets and a smiling white chocolate face.

M&S has three trademarks relating to Colin, which the retailer believes means Colin has acquired and retains an enhanced distinctive character and reputation.

A spokesman 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."

Football news:

Vlasic took out Cristiano, but flew away from Muriel, and Lukaku has a record 88%: we continue to choose the best player of the season in Serie A
The penalty for 9 Super League clubs: a total donation of 15 million and the refusal of 5% of European income. With Real Madrid, Juve and Barca, UEFA promises to deal more seriously
Neymar will extend his contract with PSG until 2026. They can announce it on Saturday
Arsenal could sign Onan if his suspension is reduced. Ajax wants 14 million euros for the goalkeeper
Lille holds the lead in Ligue 1 with two rounds to go. Recent matches - with Saint-Etienne and Angers
Infantino that UEFA is bluffing, threatening Real Madrid, Barca and Juve with exclusion from the Champions League: You need to be strict, but do not miss the opportunity to find a common solution
Golovin passed a negative test for coronavirus