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Cuthbert the Caterpillar

What a pisstake, Aldi, at least make him a worm or sthg

Sainsburys have Wiggles, Asda have Clyde I think. Every supermarket has had a rip-off version for years, wonder why they're going after Aldi in particular now. 

Classic Aldi, they'll make sure the story gets lots of coverage and then quietly make a enough amendments to differentiate the product.

meanwhile a ton of free advertising that their cakes are cheaper than M&S

“...three trademarks relating to Colin, which it believes means Colin has acquired and retains an enhanced distinctive character and reputation.”

That’s nice and woolly. 

So what they're saying is, none of their trademarks covers his shape or design in any way, but at a push, we might be able to argue his name is our idea. 

But it’s a piece of cake covered in chocolate, so it can't have a character. Using a pronoun still doesn't bestow a delicious cake with “character”. 

The trade marks are not the key assets here.  Depending on the age of the item (and their paper trail) I'd be relying on copyright and passing-off

Copyright is where they will win it, but I'd also expect them to assert that COLIN THE CATERPILLAR has repute and theirs takes advantage.  Also that the cake has become so commonly used that it is recognised by its appearance alone.

Ergo if you go to a kids party and see an Aldi one and you taste it you might think "bloody hell that's not good.. what are M&S doing with the recipe".  Imagine if you knew the Colin was nut free so wouldnt affect your allergies .. but the Aldi one isnt and you had a slice..

They are likely to crash and burn on the passing-off case unless they got David Stone, who seems to be the only judge who accepts that it matters... although post-sale confusion or initial interest confusion should be possible to push it over the line.  Copyright is where it's at though.

If I were M&S I'd also file a new trade mark for the shape of the cake.. not whilst this case is pending though.. 

Well I cant see if the Waitrose one has any feet.  The face looks different from here.

It's definitely on the edges.  If M&S hadn't tolerated the others they'd be far better off.

"Jararaca

  

· 6 days ago  

Disappointing 

Decorative chocolate delicious and lovely ganache, when you bit into a pocket of it. However, the cake element was disappointingly dry, despite being well in date. A looser Swiss roll with more ganache filling would be more palette pleasing."

bloody hell Waitrose customers are twunts eh 

Waitrose Own anything is an expensive monstrosity. Marks is where it’s at.
 

Had some cheese puffs from Waitrose the other day. Astonishingly poor cheese powder coverage, basically just tasted like dry corn puffs. I was outraged. 

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