M&S begins legal action against Aldi’s Cuthbert the Caterpillar

M&S to sue Aldi in a claim that its rival’s Cuthbert the Caterpillar product infringes its trademark and is too similar to its Colin the Caterpillar cake…
M&S begins legal action against Aldi's Cuthbert the Caterpillar

Share this article:

Marks & Spencer (M&S) has started legal action against Aldi in an effort to protect its Colin the Caterpillar cake with a claim that its rival’s Cuthbert the Caterpillar product infringes its trademark.

M&S, which lodged an intellectual property claim with the High Court this week, is arguing that 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.

M&S launched Colin the Caterpillar around 30 years ago and his appearance has been substantially unchanged since around 2004, except for adaptations for events such as Halloween and Christmas, and related products such as Connie the Caterpillar.

The product is central to M&S’s partnership with cancer charity Macmillan, and the retailer has created a Colin product for the annual World’s Biggest Coffee Morning fundraising event.

The cake is a sponge with milk chocolate and buttercream, topped with chocolate sweets and a smiling white chocolate face.

M&S has three trademarks relating to Colin, which the retailer believes means Colin has acquired and retains an enhanced distinctive character and reputation.

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.

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

 

 

 

Image credit: Marks & Spencer
To stay up to date on the latest, trends, innovations, people news and company updates within the global confectionery market please register to receive our newsletter here


Media contact

Kiran Grewal
Editor, International Confectionery

Tel: +44 (0) 1622 823 922
Email: [email protected]

About International Confectionery

International Confectionery is the leading authority in global confectionery content, delivering expert news, in-depth articles, exclusive interviews, and industry insights across print, digital, and event platforms. Published 10 times a year, the magazine is a trusted resource for professionals seeking updates and analysis on the latest developments in the confectionery sector.

To submit an article, or for sponsorship opportunities, please contact our team below.

Joseph Clarke Picture

Joseph Clarke

Senior Editor

Steve Blakebrough Picture

Steve Blakebrough

Sales Manager

Afua Akoto Picture

Afua Akoto

Marketing Manager

Related News

Nexture Sustainability

Nexture Publishes First Sustainability Report

Nexture has published its first Group Sustainability Report, establishing a shared framework for reducing environmental impacts, improving responsible sourcing and developing more sustainable ingredient solutions.
ipco pack expo

IPCO Unveils Chocolate Forming Solutions

IPCO, a supplier of chocolate forming and moulding equipment, showcased its latest innovations at PACK EXPO 2026, emphasizing advancements in chocolate chip production and cooling systems.
Domori

Domori Launches in the UK

Italian chocolate producer Domori has introduced its professional couverture chocolate range to the UK, targeting chocolatiers, pastry chefs, gelato makers and other specialist dessert producers.
KitKat Nestle

KitKat Drives Formula 1 Excitement

Nestlé International Travel Retail (NITR) has brought the excitement of the KitKat and Formula 1® partnership to travellers at Singapore Changi Airport through a high-impact activation combining immersive brand experiences, personalisation and travel retail-exclusive products.
EXBERRY colour selection

GNT Secures ISO Carbon Verification

GNT has become one of the first food colour manufacturers worldwide to have its Product Carbon Footprint (PCF) methodology independently verified in line with the ISO standard.
NSD

Celebrating US National Real Sugar Day

The Sugar Association will celebrate National Real Sugar Day on October 15 by recognising real sugar’s role as a real, recognisable ingredient in real food. This year’s celebration also highlights that real sugar is rooted in nature and is at the heart of real recipes and scratch cooking.
Anuga India

SACMI highlights integrated chocolate processing

SACMI Packaging & Chocolate is showcasing its latest chocolate processing and packaging technologies at Anuga FoodTec India 2026, highlighting an integrated portfolio spanning production, wrapping, handling and secondary packaging.
Anuga India

Anuga FoodTec India is Open

Anuga FoodTec India 2026 has opened its doors in Mumbai, bringing together food and beverage technology suppliers from around the world for three days of processing, packaging and manufacturing innovation.
Chocolate

Nestlé appoints Group General Counsel

Nestlé’s Board of Directors has appointed Manuela Bernasconi, currently General Counsel for Zone Americas, as Group General Counsel and a member of the Group Executive Board, effective 1 January 2027. After seven years as Nestlé’s Group General Counsel, Leanne Geale will retire.
Scroll to Top