Are M&S right to sue Aldi over Cuthbert the copycat of Colin the Caterpillar?

Is Cuthbert the Caterpillar guilty as charged?

M&S has launched a High Court intellectual property claim, arguing its rival’s product Cuthbert the Caterpillar, is too similar.

Marks & Spencer has started legal action against Aldi in an effort to protect its Colin the Caterpillar cake with a claim that its rival’s Cuthbert the Caterpillar product infringes its trademark.

M&S, which lodged an intellectual property claim with the High Court this week, is arguing 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.

M&S wants Aldi to remove the product from sale and agree not to sell anything similar in the future.

M&S launched Colin the Caterpillar around 30 years ago and his appearance has been substantially unchanged since around 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.

A spokesman 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.

“We want to protect Colin, Connie and our reputation for freshness, quality, innovation and value.”

Aldi declined to comment.

What are your views? Are you a fan of Colin the Caterpillar? Is Colin a national treasure? Do you think Aldi should have designed their own original celebration cake instead of copying M&S? Should Cuthbert be found guilty? And what about Asda’s Clyde the Caterpillar Cake?