Aldi announced this morning that it is bringing back a limited edition Cuthbert the Caterpillar cake and donating profits to Aldi’s charity partner Teenage Cancer Trust and Macmillan Cancer Support, a charity partner of M&S.
On Tuesday morning it was posted on social media: “Hey Marks and Spencer, we are fighting the cruelty of the caterpillars.
“Can Colin and Cuthbert be Besties? We’re bringing back a limited edition Cuthbert next month and we want to donate all profits to cancer charities, including your partner Macmillan Cancer Support and our Teenage Cancer Trust.
“Let’s raise money for charity, not lawyers #caterpillarsforcancer.”
Aldi urges other supermarkets to work with M&S to raise money or cancer charities by selling caterpillars.
Marks & Spencer has taken legal action against Aldi to protect its Colin the Caterpillar cake with allegations that its rival’s Cuthbert the Caterpillar product infringes its trademark.
M&S, which filed an intellectual property claim in the High Court this week, argues that the similarity of Aldi’s product leads consumers to believe that they are of the same standard and M&S reputation for the product Are “on their heels”.
M&S would like Aldi to take the product off sale and agree not to sell anything similar in the future.
M&S launched Colin the Caterpillar around 30 years ago and its appearance has remained essentially unchanged since around 2004, with the exception of adjustments for events like Halloween and Christmas and related products like Connie the Caterpillar.
The product is central to M & S’s partnership with the cancer charity Macmillan. The retailer developed a Colin product for the world’s annual “Biggest Coffee Morning” fundraiser.
The cake is a sponge with milk chocolate and buttercream topped with chocolate bonbons and a smiling white chocolate face.
M&S has three brands related to Colin which the retailer believes mean Colin has acquired and will maintain improved distinctiveness and reputation.
A spokesperson said: “Because we know that the M&S brand is special to our customers and that they only expect the best from us, there is love and care in every M&S product on our shelves.
“We want to protect Colin, Connie and our reputation for freshness, quality, innovation and value.”
The M&S original has spawned a number of imitators since its inception, including Sainsburys Wiggles, Tescos Curly, Morris by Morrisons, Charlie by Coop, Cecil by Waitrose, and Asdas Clyde.