Aldi have hit back light heartedly at Marks & Spencer amid the Colin the Caterpillar row.
Marks & Spencer announced yesterday (April 15) they are taking Aldi to court over an alleged copycat version of its £7 Colin the Caterpillar cake.
The grocery giant claims that Aldi's Cuthbert the Caterpillar product infringes its trademark, and has lodged an intellectual property claim with the High Court.
They argue that the similarity of Aldi’s product leads consumers to believe they are of the same standard and “ride on the coat-tails” of M&S’s reputation with the product.
But Aldi has taken to social media to joke about the legal battle, tweeting: "This is not just any court case, this is... #FreeCuthbert"
The witty joke is in parody to TV adverts food retailer M&S used to run which would say: "This isn't just food, this is M&S food".
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The row has caused quite a stir, with people pointing out it isn't just Aldi that is selling caterpillar-shaped bakes as reported by Plymouth Live.
Many supermarket brands have their take on a caterpillar take causing some to question why Aldi in particular have come under fire.
Morrisons cake is named "Morrisons Caterpillar Celebration Cake", and its description reads: "Chocolate sponge filled with chocolate flavoured buttercream covered in smooth milk chocolate."
Meanwhile Asda has chosen to given its cake a name: "Clyde the Caterpillar Celebration Cake" and the description reading, "Scrummy chocolate sponge with a smooth buttercream filling, perfect for hungry caterpillars!"
The Co-op has opted to call its birthday bake a "Curious Caterpillar", adding: "A soft chocolate sponge filled with chocolate flavoured buttercream, covered in milk chocolate and hand decorated with sugar paste decorations, yellow drizzle, chocolate beans and sugar pearls."
And Tesco's, named "Curly The Caterpillar Cake" and the description: "Chocolate buttercream Milk chocolate covered Swiss roll, topped with sweets for a fun cake."
M&S launched Colin the Caterpillar around 30 years ago and his appearance has been substantially unchanged since about 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.
