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M&S and supermarket competitor, Aldi are currently at war over a popular copyrighted figure: Colin the Caterpillar. As you may well know, Colin is the much loved chocolate log roll cake decorated like a cartoon caterpillar. Lauched 30 years ago, remaining largely unchanged since 2004, it has become a birthday icon.
Aldi, the German origin, supermarket chain recently released their own version of Colin, coining the name ‘Cuthbert’. The cake is being sold across stores for a fraction of the price of the original.
M&S have since launched an intellectual property claim against Aldi regarding the look-alike cake. M&S representatives have spoken to the similarity, insinuating that Aldi are potentially trying to ride on the coat tails of Colin the Caterpillar’s reputation. Trying to protect the accumulated reputation that is associated with Colin and his seasonal friends; being one of freshness, quality, and value.
Cuthbert was taken off of the shelves in late Febuary, only to be reintroduced with a snazzy new packaging, fitting for the #freecuthbert movment that has been taking Twitter by storm.
All this attention has brought to light the startling amount of Colin copy-cats. Supermarket chain, Sainsburys has a similar looking caterpillar cake called Wiggles.
(Colin the Caterpillar vs Cuthbert, Curly and Wiggles: we decide which tastes best. ByPip Sloan)
In fact most supermarket chains have developed their own versions of Colin. Some taking more of an original approach with their design rather than cutting it quite close to the original.
As of today Aldi’s latest post to Twitter, it seems they’re rather keen to squash this beef. With a new tweet addressing their wishes to release a limited edition Cuthbert and donating the proceeds of sale to cancer charities. Urging M&S to raise money for charity and not lawyers. It might be a desperate effort to persuage their competitor to move past the suit, but it does raise some questions as to next steps. Will M&S continue on with their legal persuits?
This ‘candid’ response seems to imply that the battle is far from over. Neither seem to be conceeding.
For now, the general public is eagerly sitting, waiting for more information, while enjoying the social media outreach from not only Aldi, but all the large supermarket chains.
Feel free to leave a comment bellow with your thoughts on the matter, whether you think this will make it to trial, if it does, what sort of justice M&S might seek to enforce.
To follow the latest news; use the #FreeCuthbert on twitter!
(or you can follow news outlets too…)
Seriously folks, we could all do with a notch more kindness in our lives, onto us and onto others!
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