Copying, caterpillar cakes, and camper vans


Copying, caterpillar cakes, and camper vans

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Was a caterpillar cake suit between Marks & Spencer and Aldi ‘likely to fail’? A panel at INTA this year unpicked the case and similar disputes from around the world.

In April 2021, Marks & Spencer accused Aldi of copying its “Colin the Caterpillar” cake through the sale of “Cuthbert the Caterpillar.”’ The saga made global news late last year, before settling in February 2022.

But would the dispute have gone quite so far in other countries?

Panellists at a virtual seminar held during the International Trademark Association Annual Meeting this year addressed this question, alongside a review of both this case and another involving Volkswagen.

Trademarks, passing off, designs, Marks & Spencer, Lidl, Aldi, Tesco, infringement