Marks and Spencer will take supermarket competitor Aldi to court over its famous Colin the Caterpillar chocolate cake. M&S says that Aldi’s ‘Cuthbert the Caterpillar’ cake, which is also chocolate, “rides on the coat-tails” of M&S’ reputation, and has directed lawyers to start an intellectual property claim, according to the BBC.
Aldi is far from the first to imitate the chocolate Swiss roll with a smiling white chocolate face; Waitrose’s Cecil, Sainsbury’s Wiggles, Tesco’s Curly, and Asda’s Clyde the Caterpillar are all brethren to Colin’s lauded ancestry. But only Aldi has angered the powers that be enough to spark legal action. Here’s Cuthbert the Caterpillar, in all his alleged intellectual property infringing glory:
Colin is nearly thirty years old, making him the longest serving chocolate caterpillar on the market. The basis for the claim is that in that time he has acquired three legal trademarks, as well as enough online clout to provoke horror when M&S introduced an “Easter Bunny” version straight from the gates of Hell. If successful, the lawsuit would force Aldi to pull Cuthbert entirely, which could lead to a new character in the “what if larvae, but cake?” cinematic universe. A supermarket with guts would drop a “Bertie the Butterfly” cake on the day of the hearing. Your move, Aldi.