Aldi brings in prime lawyer over Colin the Caterpillar authorized motion

Aldi is bringing in a top lawyer to help as Marks and Spencer says it is suing the supermarket over their caterpillar cake.

Marks and Spencer claim Aldi’s Cutherbert the Caterpillar cake is too similar to their version, Colin.

The supermarket says Cuthbert infringes its trademark and “rides on the coat-tails” of its reputation.

Marks and Spencer has gone on to claim that the similarity of Cuthbert to Colin leads customers to believe they are of the same standard, reports the Mirror.

In a statement yesterday, M&S said on its Instagram page: “You might have seen @official_colinthecaterpillar is in the news…Colin won’t be commenting, but says thanks for your support. #OGColin.”

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Since the claim was brought, Aldi has been posting tongue-in-cheek reactions on its social media pages and is even toying with the idea of bringing in a top lawyer.

Mocking the infamous Marks and Spencer advert, Aldi tweeted: “This is not just any court case, this is….#FreeCuthbert.”

The supermarket has also mocked up photos of Cuthbert in jail and tweeted Judge Rinder to ask “how is your diary looking.”

Judge Rinder
Judge Rinder

Before shooting to fame, Judge Rinder – also known as Robert Rinder – was a criminal barrister.

He was called to the bar in 2001 and went on to specialise in cases involving international fraud, money laundering and other forms of financial crime.

He now fronts his own show, Judge Rinder, on ITV.

Some are now publicly backing Aldi, with one person saying: “Absolutely ridiculous supermarkets do most things as a cheaper replica.”

Another added: “Do people that shop in M&S really care about what Aldi sells?”

A third said: “Every supermarket has their own caterpillar cake! It’s been that way since I was a kid probably longer!”

Aldi has mocked up photos of Cuthbert in jail
Aldi has mocked up photos of Cuthbert in jail

However, others were on the side of M&S.

One person said: “Honestly, Cuthbert is dry as hell. If you were going to copy them, at least make it taste nice.”

A second said: “Time someone stood up to blatant rip offs.”

Another said: “No!!! Colin has been there in our family for many occasions. He has a special place in our hearts.”

M&S’ Colin cake is a sponge with milk chocolate and buttercream, topped with chocolate sweets and a smiling white face.

Cuthbert is also made with a chocolate sponge cake filled with chocolate buttercream and is topped with a hard chocolate shell and multi-coloured sweets for decoration.

Colin will set you back £7, while Aldi’s Cuthbert costs £4.99.

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M&S has lodged an intellectual property claim with the High Court.

A spokesman for the supermarket said: “Because we know the M&S brand is special to our customers and they only expect the very best from us, love and care goes into every M&S product on our shelves.

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

Aldi declined to comment.

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