M&S is taking legal action against Aldi over its Cuthbert the Caterpillar Cake.
The retailer, which lodged an intellectual property claim with the High Court this week, is arguing that the product is too similar to their trademarked Colin The Caterpillar cake.
They want Aldi to remove the product from their shelves and agree to not sell anything similar in the future.
A spokesperson 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.”
Colin The Caterpillar is a chocolate sponge cake filled with buttercream and covered in a milk chocolate shell. It is then decorated with sugar-coated chocolates.
It takes 38 people to assemble each cake from start to finish, according to M&S, and 8.4 tonnes of sugar-coating are used each year for decorative spots.
Since its launch, in 1990, the retailer has sold more than 15 million and gone on to release a Christmas version of the sweet treat and a female version, dubbed Connie The Caterpillar.
Colin The Caterpillar Cake Jar
Earlier this year, M&S launched a single-serve jar which is available in three flavours – Raspberry Ripple, Millionaire’s, and Colin the Caterpillar.
They are priced at £4 and are available in-store only.
Announcing the product launch, Natalia Tate, lead product developer for M&S Cakes said: “These cake jars are absolutely delicious and are perfect for picnics, lunches on the go – or pretty much whenever you need a sweet fix. Gone are the days of picking a cake to suit all tastes – you can now mix and match to suit everyone.
“Much like an indulgent ice cream tub – there is something about diving straight in with a spoon that makes the experience all the more delicious. I LOVE the Trillionaire’s, it is the ultimate in indulgent, chocolatey caramel goodness – a must-try! But of course, all are delicious.”
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