In April 2021, a food fight broke out between two of the UK's largest supermarkets. Marks and Spencer launched legal action against Aldi over the latter's alleged copy of its signature "Colin the Caterpillar" cake. This article takes a look at the issues surrounding lookalikes, what the English courts have said about them and what can be done by brand owners to protect against the risks they present.
Steven JamesHattie Chessher
In April 2021, a food fight broke out between two of the UK's largest supermarkets.
Marks and Spencer (M&S) launched legal action against Aldi over the latter's alleged copy of its signature "Colin the Caterpillar" cake. M&S claimed that Aldi's own "Cuthbert the Caterpillar" copied Colin's distinctive cylindrical chocolate shape, white chocolate face, and multi-coloured chocolate top.
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