Aldi’s Cuthbert the Caterpillar cake made headlines last week after the store was hit by legal action from Marks & Spencer, who accused Aldi of infringing the trademark on their Colin the Caterpillar cake.
Budget supermarket Aldi stopped selling its version of the cake in February but has now announced that Cuthbert will be returning to its stores with all proceeds going to charity.
The cake is at the centre of an intellectual property claim lodged with the High Court by M&S, who believe Cuthbert’s similarity with its own Colin cake led shoppers to assume they were of the same standard and “rides on the coat-tails” of M&S’s reputation.
Aldi has hit back with a series of social media messages using the hashtag #caterpillarsforcancer: “Hey Marks and Spencer we’re taking a stand against caterpillar cruelty. Can Colin and Cuthbert be besties?
“We’re bringing back a limited edition Cuthbert next month and want to donate all profits to cancer charities including your partners, Macmillan Cancer Support and ours, Teenage Cancer Trust.”
Aldi said it was calling on other supermarkets who sell caterpillar cakes to join it in raising money for cancer charities.
M&S was the first retailer to sell a caterpillar cake, but many supermarkets have since created similar products under their brand. Other caterpillar cakes include Sainsbury’s Wiggles, Waitrose’s Cecil, Tesco’s Curly and Asda’s Clyde the Caterpillar.
Gary Assim, an intellectual property specialist at law firm Shoosmiths, gave his opinion on the controversial caterpillar saga: “Aldi is known to sail close to the wind on creating products which look and/or sound incredibly similar to other brands,”
“M&S may find their case against Aldi difficult since there are other caterpillar cakes on the market. They should have taken a zero-tolerance approach from the start if they felt that Colin and Connie were so important to them.”