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Daily Mirror
Daily Mirror
Business
Levi Winchester

Marks & Spencer sues Aldi over Cuthbert the Caterpillar cake's similarities to Colin

M&S has started legal action against Aldi over its iconic Colin the Caterpillar cake.

The posh supermarket wants to pull Aldi's Cuthbert the Caterpillar cake from sale over claims the products are too similar.

M&S says the Cuthbert cake infringes its trademark and "rides on the coat-tails" of its reputation.

The food giant goes on to claim that the similarity of Aldi's product leads customers to believe they are of the same standard.

M&S has lodged an intellectual property claim with the High Court.

The supermarket launched Colin the Caterpillar around 30 years ago and has brought out many adaptations since then, including his love interest Connie the Caterpillar.

Do you think the Aldi caterpillar cake is too similar to M&S? Let us know in the comments.

Aldi's Cuthbert the Caterpillar cake next to M&S' Colin the Caterpillar (Aldi)

M&S has also released other products within its Colin brand, including gummy sweets and cupcakes and special versions for Christmas and Halloween.

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

Cuthbert is also made with a chocolate sponge cake filled with chocolate buttercream and is topped with a hard chocolate shell and multi-coloured sweets for decoration.

M&S’ Colin cake retails for £7, while Aldi’s Cuthbert the Caterpillar cake costs £4.99.

Marks says it has three trademarks relating to Colin, which the retailer believes means Colin has acquired and retains an enhanced distinctive character and reputation.

An M&S spokesperson 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."

Aldi declined to comment when contacted by the Mirror.

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