Skip to content
Search
AI Powered
Latest Stories

M&S refuses to yield in copycat row with Aldi over caterpillar cake

M&S refuses to yield in copycat row with Aldi over caterpillar cake
Photo: Twitter/Aldi Stores UK

It's one of Britain's more unusual legal wrangles, involving a chocolate cake in the shape of a caterpillar and two of the country's best-known retailers.

Marks and Spencer has threatened its cheaper supermarket rival Aldi and the high-street giants have traded barbs on social media.


M&S' food store chain last week lodged an intellectual property claim with the High Court in defence of its trademarked chocolate-iced sponge character Colin the Caterpillar.

It argued that the German supermarket chain Aldi was misleading customers with its "Cuthbert" cake, which is also sold in green packaging, and wants it to desist from further sales or similar products.

Aldi on Tuesday urged M&S to drop the legal action, tweeting: "Can Colin and Cuthbert be besties?"

It defiantly vowed to sell a limited-edition version of the cake to raise funds for cancer charities.

M&S tweeted back: "We just want you to use your own character", proposing "Kevin the Carrot Cake".

Many have pointed to the legal claim's selective nature, given that at least six other UK supermarkets sell caterpillar cakes similar to the M&S one, while Aldi's version is the cheapest.

Aldi suggested Tuesday that all the supermarkets selling similar cakes - with names such as Curly, Clyde, Charlie, Morris and Wiggles - should work together to "raise money for charity, not lawyers".

Waitrose tweeted that its Cecil cake was a "caterpillar of the community...count us in!"

M&S Food, specialising in high-end ready-made dishes, apparently fears an association with discount chain Aldi will leave a nasty taste in consumers' mouths.

The store is famous for its breathy slogan: "This is not just food, this is M&S food".

Aldi parodied this: tweeting "This is not just any court case, this is #FreeCuthbert." It also posted an image of Cuthbert behind bars.

The Colin cakes have been in production since 1990, The Financial Times reported.

The broadsheet quoted legal experts as saying the case hinged on whether Aldi's roly-poly birthday treat was close enough to the M&S product to confuse customers.

Colin is a popular line for M&S, including themed Easter eggs and cupcakes.

He has a female equivalent called Connie who is decorated with flowers.

The Sun reported that in a taste test, M&S' "dry" and "sickly sweet" Colin crawled in behind Waitrose's Cecil.

But the newspaper could not get a hold of Colin, as he had been off the shelves since mid-February.

More for you

Kitwave’s Automatic Retailing depot

Kitwave’s Automatic Retailing depot in North Shields, Tyne & Wear

Photo: Google Streetview

Kitwave sees over 10 per cent rise in revenue in 2024

Kitwave Group, the delivered wholesale business, has reported strong revenue and profit growth for its 2024 fiscal.

In the 12 months ended 31 October 2024, the group revenues increased by 10.2 per cent to £663.7 million, and adjusted operating profit rose by 6.3 per cent to £34m. Like-for-like revenue growth stood at 5 per cent.

Keep ReadingShow less
​The Real Yorkshire Pudding Co

The Real Yorkshire Pudding Co acquired by Compleat Food Group

The Real Yorkshire Pudding Co acquired by Compleat Food Group

Leading food manufacturer The Compleat Food Group has acquired The Real Yorkshire Pudding Co for an undisclosed figure.

A leading supplier of own label and branded chilled Yorkshire puddings in the UK, The Real Yorkshire Pudding Co has driven consistent double-digit growth in the category to become a £33 million turnover company.

Keep ReadingShow less
Nisa Local Uxbridge Road revamped

Nisa Local Uxbridge Road

NISA

Nisa Local Uxbridge Road revamped with new layout

LA Foods on Friday (7) reopened Nisa Local in Shepherd’s Bush on Uxbridge Road, West London with a new layout and an extensive refit designed to enhance the shopping experience for the local community.

Operated by convenience chain LA Foods, the store relaunched also has an expanded range of fresh and chilled products, and a significant selection of Co-op own-brand goods.

Keep ReadingShow less
JW Filshill celebrates 150 years sustainably

JW Filshill marks 150th anniversary with continued focus on sustainability

Wholesaler JW Filshill, having achieved its 2020 pledge to cut its carbon emissions by 50 per cent by 2030 five years early, is prioritising sustainability in its 150th anniversary year.

In terms of Filshill’s sustainability goals, the company revealed that it has reached this target five years early, boosted by its relocation to the new Renfrew site, significant investment in electric HGV vehicles, solar panels and full LED lighting, and transitioning to HVO fuel for all diesel-powered operations at Westway Business Park.

Keep ReadingShow less
Independent businesses brace for impending rise in costs

Independent businesses in UK

Photo by Carl Court/Getty Images

Independent businesses closing doors ahead of April tax rise, warns retail body

Towns and cities across Britain are already witnessing a wave of closures as independent businesses shut their doors ahead of April's triple tax burden, the UK's leading retail body has warned.

The British Independent Retailers Association (Bira), which represents 6,000 independent businesses nationwide, reports that many shop owners are making the heartbreaking decision to close now rather than face the financial cliff-edge coming in April.

Keep ReadingShow less