The caterpillar-shaped cake sparked a legal battle between UK supermarkets

A legal battle between two British supermarkets ended with a peaceful settlement, but raised questions about the intellectual property for the forms.

UK retailers Marx and Spencer (M&S) and Alti The legal battle was finally called a ceasefire because of the trademarks against their caterpillar cakes, Colin And Cuthbert.

Although details of the deal have not been released, Aldi’s Cuthbert will not return in the same format. Alti Announced The agreement was reached via Twitter.

Colin The CaterpillarA sponge cake decorated with milk chocolate and white chocolate coating M&S Classic for over 30 years. The retailer claims to have sold more than 15 million to date.

Since 2011, there are Competitive products with similar names: Clyde from Asta, Curly from Tesco, Cecil from Waitros, Curious and Cuthbert from Co-op.

In April 2021, M&S was launched, presumably because of all the caterpillar cakes, thought to be similar to Cuthbert Colin. Legal process to protect your intellectual property And remove the Aldi product from its shelves.

The similarity between the two cakes makes consumers think they are of the same standard, the retailer said.

Companies often seek to protect Trademarks, Some signs that help distinguish their products and services from their competitors such as brand names, logos and slogans. With patents and copyrights, they are a form of intellectual property.

Colin Vs. Cuthbert especially relies on brands because it relates to the unique characteristics of commercial assets. M&S is concerned with UK trademarks Colin’s name And this Green packaging Since 2009 and 2020, respectively, but These were not violated.

The problem with M&S is that its trademark does not extend to the basic idea of ​​a chocolate roll with a smiling face.

Ensuring security for the shape of an object is actually very difficult. In trademark law – a competitor does not mention proving that they have offered their products as competitors.

Look at the chocolate Kit Cat Four bars in shape and form London Taxi Two examples of unsuccessful symbolic forms. In the absence of other graphical or terminological components, one of the main reasons is that consumers generally do not make assumptions about the appearance of products based on their shape or packaging.

“Passed”

There are lawsuits involving legal professionals in the UK and cases attracting packaging protection “Abduction” Act Provides legal protection from harm. It is also used to protect unregistered trademarks.

To win the claim against Aldi, M&S needs to prove that Colin has built such a reputation as a product that customers can easily identify him with.

The retailer must prove that it is similar to Cuthbert Colin, so that the consumer, after opening the package, It makes you think that the two are somehow related.

Also, many supermarket chains now have their own version of the caterpillar cake – with different sizes and decorative features – that does not help to establish that Colin is unique.

M&S needs to prove that caterpillars are not a common cake tin in the minds of UK cake shoppers.

In addition Aldi’s excellent Twitter campaign – and attracted the widespread advertising process – helped eliminate any consumer confusion.

Live from inside the courtroom. #Freakthbert pic.twitter.com/3gCk7Ex553

– Aldi Stores UK (ldAldiUK) April 16, 2021

It is an agreement negotiated between the two sides No court ruling About the facts. The terms of the contract will be confidential. It is unknown at this time what he will do after leaving the post.