By M&S has launched a High Court intellectual property claim, arguing that its rival’s product, Cuthbert the Caterpillar, is too similar.
M&S lodged an intellectual property claim with the High Court this week over its rival’s Cuthbert the Caterpillar cake. The supermarket says the similarity between the two products leads consumers to believe they are of the same standard.
It says it has allowed Aldi ‘ride on the coat-tails’ of M&S’s reputation and wants the chain to remove the product from sale and agree not to sell anything similar in the future.
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.’
Colin and Connie Wedding Range
Colin 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 was the first retailer to sell a caterpillar cake, but many supermarkets have since created their own similar products.
Other cakes include Waitrose’s Cecil, Sainsbury’s Wiggles, Tesco’s Curly, and Asda’s Clyde the Caterpillar.
According to Marks and Spencer, it takes 38 people to assemble each cake from start to finish, and 8.4 tonnes (8,400 kg) of sugar coating are used each year for the decorative spots.
In 2017, M&S launched a Colin the Caterpillar wedding cake range. The range features 2 cakes, the first called “Colin the Groom” is a larger than standard Colin cake. The bridal version – named Connie the Bride – features a lace veil, confetti and a flower posy.
