Home Bargains has taken the bold move of risking a Claude the Caterpillar cake, following a legal battle between Aldi and M&S over the latter’s iconic Colin the Caterpillar cake.
Retailing at £3.99, compared with M&S’ £8.00, the 500g Claude cake serves 12 people.
However, the move follows Marks and Spencer launching legal action earlier this year against Aldi in an effort to protect its Colin the Caterpillar cake. M&S claimed that its rival’s Cuthbert the Caterpillar product infringed its trademark.
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At the time, an M&S 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.”
M&S argued that that the similarity of the discount grocer’s product leads consumers to believe they are of the same standard allowing it to “ride on the coat-tails” of M&S’s reputation with the product.
A year later Marks & Spencer reached an agreement with the discount retailer over its Colin the Caterpillar cake lawsuit.
In April, deputy master Timothy John Bowles signed off an agreement in a consent order filed at the High Court, resolving the case which has been settled in a “confidential agreement” by the grocers on 5 November.
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