Why didn't M&S sue other stores for "copycat" caterpillar cakes?

[Star555]

www.bbc.com/news/business-56756731

M&S now suing Aldi for "Cuthbert the Caterpillar"...but why didn't they sue other stores for the their Colin the Caterpillar imitation cakes like Tesco's Curly or Sainsbury's Wiggles?

I wondered that - it must be something to do with the design, Aldi must have copied it too closely. Shape of the face perhaps?

Aldi do this all the time. They must think an uptick in sales is worth it for any legal bother.

Doesn’t it all come down to copyright or patent ? I’m clutching I suppose that scenario only comes down to name . I’ve no idea , not seen the copied version
If it’s an absolute relica I’d assume M&S have a strong case .
Didn’t one of the ‘ reality sisters ‘ copy a design from a small business, passed it off as her own and got sued or asked for it to be removed . I can’t remember how that panned out

I do find it odd they all copy

Colin, Clyde, wiggles. Why can't A supermarket invent Barry the bat or Derek the dog?

I wondered that too!

It's an interesting case and one I'll be following.

But im not sure why M&S are onlybsuing Aldi and not other supermarkets.

I remember reading years ago an article about copyrights and what happens when the product becomes too popular. Essentially it said that once a product name becomes so popular that its used in everyday parlance, the copyright become obsolete, so to speak.

For example, sellotape, Blue tack, hoover. These are all copyrighted names, but we use them for all products. I think it was hoover who tried to sue someone for using "hoover" instead of vacuum cleaner, but lost because "hoover " has become part of language and now the copyright is kind of worthless.

It'll be interesting to see if this sane logic applies to Colin.

Asda has a sausage dog.

The Tesco one has a bright orange face, so looks quite different. I think the Asda version has a coloured face as well. Cuthbert is an exact replica!

Or it’s all just good advertising for Colin....

I have a vague memory of Aldi some ready meals being delivered with the wrong packaging a few years back, which let the cat out of the bag about them being made in the same factory as Waitrose. (they arrived with WR branding).

Aldi haven't used the same cake maker as M&S for Cuthbert have they?

This is the Cecil the caterpillar from Waitrose. Looks pretty similar to me.

They’re going after Aldi because their Colinalike is closest to M&S’s trademark and their most likely win. Presumably if they win they may try to go after others, and hope that a win against Aldi will incentivise eg Sainsbury’s to cave in early. Since the arguments will be very specific to each case they’re better off pursuing them individually.

How can m and a copyright a cake made at home for a million kids birthday parties in the 80’s?? Everywhere sells their own version of them. It’s complete snobbery on behalf of m and s. Everyone else can sell them but YOU can’t. What a waste of time.

I wondered the same, but having seen the pics I assume it's because it's identical to the M&S one. Still completely different ends of the market, they're not really competing over the same customers are they. Hope they lose tbh, as justsleepalready said they dont own the rights to caterpillar birthday cake, I remember having homemade ones when I was a kid.

The face is very similar, imagine they'll be something in the trademarks which the others doesn't breach

@orangegina

I do find it odd they all copy

Colin, Clyde, wiggles. Why can't A supermarket invent Barry the bat or Derek the dog?

I think if the last year has taught us anything, it's that we should not be eating bats!!

@bbn81

This is the Cecil the caterpillar from Waitrose. Looks pretty similar to me.

Christ, that thing looks utterly deranged

For some reason I thought Aldi had very recently launched its Cuthbert cake...but actually it has been around since 2019. Doesn't make sense why M&S would wait 2 years to initiate legal action.

just seen this

I said the same thing. I know morrisons have sold one for years and when I googled it, Asda has one called Clyde and Waitrose has one called Cecil so they’re all doing it. All I can think is Aldi’s packaging is closer to M&S’s? I honestly don’t know.

@Krook

just seen this

Ha! That’s funny, liking Aldi’s sense of humour.

Trashy Aldi- masters of copying other brands and then using bulky boy tactics.

Aldi’s is an exact replica of Colin. Everything is the same.

Aldi have also tweeted the #FreeCuthbert post, their marketing is genius

Well, looking at the trademarks it seems a pretty blatant infringement. Even Aldi's packaging rips off the trademark.

trademarks.ipo.gov.uk/ipo-tmcase/page/Results/1/UK00003509740

M&S have registered trademarks. They have the right to enforce them. That's the point of them! To protect their intellectual property.

@bbn81

This is the Cecil the caterpillar from Waitrose. Looks pretty similar to me.

Waitrose is considered less embarrassing than Aldi