// M&S calls on Aldi to use its own character instead of bringing back Cuthbert the Caterpillar
// Aldi announced yesterday it would relaunch its Cuthbert cake to benefit charity
// M&S has filed a lawsuit against Aldi for allegedly infringing its Colin the Caterpillar trademark
Marks & Spencer has responded to Aldi’s plan to relaunch its Cuthbert the Caterpillar cake to benefit charity.
M&S, which has filed a lawsuit against Aldi for allegedly infringing its Colin the Caterpillar trademark, maintained its stance on the matter and said Aldi should use its own character for the relaunch.
It lodged an intellectual property claim with the High Court last week and wants Aldi to remove the product from sale and agree not to sell anything similar in the future.
READ MORE: Caterpillars in court: What retailers can learn from M&S and Aldi’s copycat row
Aldi said its limited edition Cuthbert cake was returning for charity, of which profits would go to its charity partners Teenage Cancer Trust and Macmillan Cancer Support.
The German discounter had stopped selling the cake in February, two months before M&S accused it of copying the Colin the Caterpillar’s trademark design.
On Tuesday, Aldi took to Twitter to call on M&S to “take a stand against caterpillar cruelty”.
Hey @marksandspencer can Colin and Cuthbert be besties? We’re bringing back a limited edition Cuthbert and want to donate profits to cancer charities including your partners @macmillancancer & ours @teenagecancer. Let’s raise money for charity, not lawyers #caterpillarsforcancer.
— Aldi Stores UK (@AldiUK) April 20, 2021
It posted the following to its social media channels:
“Hey Marks and Spencer. Can Colin and Cuthbert be besties? We’re bringing back a limited edition Cuthbert next month and want to donate all profits to cancer charities including your partners Macmillan Cancer Support and ours Teenage Cancer Trust.
“Let’s raise money for charity, not lawyers #caterpillarsforcancer.”
M&S said it loved a charity idea, but Aldi should use its own character.
https://twitter.com/marksandspencer/status/1384489545899470853
The retailer tweeted back: “Hey @AldiUK we love a charity idea (Colin’s been a BIG fundraiser for years). We just want you to use your own character.
“How about #kevinthecarrotcake ? That idea’s on us… and we promise we won’t do Keith.”
However, M&S’s tweets were met with criticism after Twitter users urged the national chain to reconsider the suggestion.
Many tweeted at M&S to accept Aldi’s proposition with “the little dignity it has left”.
Why just Aldi? All the supermarkets are doing caterpillar cakes …
M&S it's time to let it lie and bow out with what little dignity and humour you have left. pic.twitter.com/BFkDiKGbs7
— Gill Tea ☕ (@gilltwosleeps) April 20, 2021
While others have accused Aldi of using the charity idea as a “scapegoat” to get out of a lawsuit.
@AldiUK didn’t give a shit about charity before this, they’re now trying to use charity as a scape goat for the shit they’re in. To be fair I think Aldi trying to use charity as an excuse is disgusting
— Sophie (@sophiewillsss) April 20, 2021
Aldi is currently calling on other supermarkets to join it and M&S in raising money or cancer charities through the sale of caterpillar cakes.
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So you need to show a tweet with swearing in it? Kids might talk like this but some people still prefer real language to lazy talk.
M&S are being pathetic, why are they picking on Aldi and not the other stores all dojng caterpillar cakes!?? Why M&S do you copy Nestle with your walnut whips and thing that is ok… hope Nestle sue the pants if you now!!
In fairness to M&S all other retailers seem to have managed to actually make their caterpillar cakes look a little different to the original, Aldi’s is essentially a copy and paste. Oops!
I doubt M&S will win as all the other supermarkets already have their own variations of the cake. Otherwise M&S would then be able to take every other supermarket to court. How can you even have copywrite on a cake anyway?
They’ve chosen Aldi as their target because they are a real competitor to them.