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Original poster

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

202 replies

Star555 · 15/04/2021 16:50

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?

OP posts:
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12
LiveintheNow · 15/04/2021 21:09

Make your own with Lakeland -

www.lakeland.co.uk/73043/Lakeland-Silicone-Caterpillar-Mould-Set-to-Decorate-Caterpillar-Cakes

EscapeDragon · 15/04/2021 21:11

It's probably because the Aldi one is only £4.99.

I didn't even know that Colin was an M&S invention anyway, I thought he was generic.

dementedpixie · 15/04/2021 21:12

Colin the caterpillar is crap anyway

jerometheturnipking · 15/04/2021 21:15

I could really go for a caterpillar cake right now...

Iwantacookie · 15/04/2021 21:18

I dont understand it either. It's not like aldi and m&s are even same price bracket supermarkets.
In my defence I would prefer to buy Aldi one just because its cheaper so I could get 2 and be greedy. Blush

ImAllOut · 15/04/2021 21:18

@Mylittlesandwich

I think the 3 of these all look pretty similar to me but Sainsbury's are being left well alone.
Wiggles has sprinkles and different feet, although the face is more similar than some of the others.
EpicPopcorn · 15/04/2021 21:20

The last Colin we had the buttercream was gritty and I was not impressed at all. I still like the mini Colin’s though.

ViceVersa · 15/04/2021 21:20

Well it’s good marketing for Aldi. I’ve shopped there for at least 10 years and didn’t even realise they sold birthday cakes. I shall have a look for Cuthbert next time as DD would love it!

ImpatiensI · 15/04/2021 21:26

Wiggles has sprinkles and different feet, although the face is more similar than some of the others.

I salute your in-depth knowledge of chocolate insect cakes!

elizabethdraper · 15/04/2021 21:27

I have never heard of this cakeBlush

AnnaBegins · 15/04/2021 21:28

Aldi won't be concerned. This is just one in a long line of cases. If you want to see a test case, look up Aldi vs Moroccanoil. Aldi won. My fave bit was when the judge said they'd been cheeky but not illegally so. They are incredibly clever in their design. For a case to have merit M&S would have to show that Aldi mean to confuse customers into thinking they are buying an M&S Colin from Aldi. Unlikely to happen.

Sparklingbrook · 15/04/2021 21:30

@elizabethdraper

I have never heard of this cakeBlush
You've not missed anything. Swiss roll with a face-not sure what the fuss is.
Suzi888 · 15/04/2021 21:30

We had a Colin and we loved him and ate him all in one goBlush

fizbosshoes · 15/04/2021 21:31

Dd bought a wiggles Caterpillar cake the other day I thought it was a bit underwhelming but I'm not that fussed about chocolate mini rolls so I'm probably not their target customer.

ImAllOut · 15/04/2021 21:32

@ImpatiensI

Wiggles has sprinkles and different feet, although the face is more similar than some of the others.

I salute your in-depth knowledge of chocolate insect cakes!

They're a big thing in my extended family, Colin is practically our sponsor! When Colin has been out of stock we've tried others and been unimpressed Grin
babbi · 15/04/2021 21:37

www.thedrinksbusiness.com/2020/10/aldi-lists-brewdogs-spoof-copycat-beer/

I love this collaboration between Aldi and Brewdog...
There’s enough profit to share for all !

TheKeatingFive · 15/04/2021 21:38

Aldi are totally shameless with rip off products. They attempt as close a replica as possible.

They also have shit hot lawyers seemingly, as only a few brands have been successful in suing them. Many have tried.

StColumbofNavron · 15/04/2021 21:38

There is lots of amusing banter under the Aldi tweet.

Stellaris22 · 15/04/2021 21:40

It's really good beer as well babbi

Pixie2015 · 15/04/2021 21:42

We’ve tried them all but Colin is the only caterpillar we rate 🎂

coodawoodashooda · 15/04/2021 21:42

Free Cuthbert!!!

babbi · 15/04/2021 21:45

@Stellaris22 Yes it is , a good beer and fun banter between them 😀- So sorry I didn’t see your link was already there . Apologies for duplication!

BitchesBeBest · 15/04/2021 21:45

@YesThisIsMe

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.
This would be my assumption too. Or that, if they win, they don't have to go after the others. The win will be the warning not to do it again.
Aroundtheworldin80moves · 15/04/2021 21:47

I'm tempted to get a Cuthbert to do a taste comparison with Colin.

(Don't get Connie. It doesn't tast right with strawberry buttercream)

We also have the Lakeland kit. Ours definitely didn't look like Colin.

Stellaris22 · 15/04/2021 21:49

No problem @babbi

I'm glad someone else knew about how brilliant the BrewDog/Aldi collaboration is.