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Aldi respond to M&S Colin the Caterpillar cake lookalike legal action with hilarious tweets

Aldi have responded to the M&S legal action over their Cuthbert the Caterpillar cake.

Published: April 16, 2021
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On 15 April Marks and Spencer started legal proceedings against Aldi over their look alike Colin the Caterpillar cake, Cuthbert.

This isn't the first time that Aldi has been questioned over their familiar looking own brands.

Last year, after a Twitter exchange about their Anti Establishment IPA, the supermarket collaborated with BrewDog on an ALD IPA with both businesses planting trees in the brewers forest in the Highlands.

But things haven't gone as well with M&S, who claim that Aldi's Cutherbert the Caterpillar infringes the trademark of Colin the Caterpillar.

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.

Speaking to the Press Association, 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."

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Aldi declined to comment at this time but have taken to Twitter to share their thoughts in a series of hilarious tweets using the hashtag #freecuthbert

The tweets started with the social media team writing: "This is not just any court case, this is… #FreeCuthbert" - a nod to a series of M&S adverts.

Other tweets included: "Just Colin our lawyers #freecuthebert and Marks & Snitches more like. #FreeCuthbert

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They also tagged famous faces such as Judge Rob Rinder and Netflix, and replied to BrewDog who got involved suggesting that they make a Cuthbert the Caterpale ale.

Colin the Caterpillar celebrated his 30th birthday last year and has a host of celebrity fans. He's only changed his appearance for limited edition cakes at Halloween and Christmas.

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M&S also sell Connie the Caterpillar cakes and Colin jelly sweets.

The M&S original has spawned a range of imitators since its launch, such as Sainsbury's Wiggles, Tesco's Curly, Morris by Morrisons, the Co-op's Charlie, Cecil by Waitrose and Asda's Clyde.

Known for cake making, experimental jam recipes, Champagne and gin drinking (and the inability to cook Gnocchi), Rosalind writes for The Scotsman on all things food and drink related as well as hosting Scran, The Scotsman's food and drink podcast.

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