Marks & Spencer have recently taken legal action against Aldi over both stores’ caterpillar cakes.
‘Colin the Caterpillar’ was introduced in 1990 and became a crowd favourite. It is believed since Colin Came on the scene, Marks & Spencer have sold 15 million caterpillar cakes.
No doubt this widespread popularity inspired many famous markets to have their own slice of the fortune, with many going on to create their own, version.
Curly, Wiggles, Charlie, Morris, Clyde – to name a few – are all re imagined versions of the Colin the Caterpillar cake.
However, Marks and Spencer have brought a lawsuit to Aldi against their version,’ Cuthbert the Caterpillar’. Marks and Spencer claim that Aldi selling Cuthbert is infringing on their trademark. They believe they are misleading the consumer to think Cuthbert is of the same standard as their original version.
As they aim to protect the integrity of their caterpillar cakes, which has teamed up to support the cancer charity Macmillan.
Aldi have taken a less serious approach to the lawsuit, by turning this into tongue and cheek banter.
Aldi took to their social media to start the hashtag ‘#FreeCuthbert, along with putting edited photos of the caterpillar cake in new packaging, some with bars, others with ‘patents, copyrights & trademarks for dummies’ book photoshop into it.
The social media account even had fake court sketches with ‘Cuthbert the Caterpillar’ cake on trial.
It seemed many supermarkets joined in on the joke, with Aldi tweeting ‘We got you’ to Waitrose, Sainsbury’s, Tesco and Asda. Morrisons was quick to join in on the fun replying:
“When you find out your friends have a group chat without you #WhatAboutMorris”.
Aldi reached out to M&S to pay money towards charity, and not lawyer. Marks and Spencer responded they would prefer to do this if Aldi had an original idea.
However, after Aldi reached out to other supermarkets to raise money for charity, succeeding with Waitrose donating on behalf of their caterpillar cake, Cecil to Bowel Cancer UK, given the cake had been more popular this month than usual.
It’s not certain what the legal outcome will be yet, but it has proven to be a popular debate among those of social media.
Definitely a cake off for the history books.
Featured image – Manchester Evening News