// Following its infamous row with M&S, Aldi is filing a trademark application for ‘Cuthbert’
// As well as cake, Aldi wants the trademark to apply to a long list of general merchandise
Aldi is filing a legal trademark trademark for its ‘Cuthbert’ cake brand, following on from the public Colin the caterpillar cake row with Marks and Spencer, which was settled last month in the high court.
As well as cake, Aldi wants the trademark to apply to a long list of general merchandise from soft toys to stationery to coasters, suggesting it may see an untapped sales opportunity following the publicity generated by M&S’s legal action.
The discount grocer has already made more of Cuthbert since M&S filed a high court claim last year alleging trademark infringement against its own Colin the Caterpillar product.
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Aldi has also been making the most of Cuthbert’s newly-found star quality with a number of attention-grabbing stunts, including dropping one of the cakes from 40,000 ft in a parachute to raise money for cancer charities.
Alongside this, Aldi’s Christmas advert last year involved a cameo role for the caterpillar, which saw him being led away by police.
Earlier this month it emerged the two retailers had reached a confidential agreement that settled the case, leaving IP experts unsure who had gained most from the dispute amid all the public attention.
A M&S spokesperson told Retail Gazette at the time: “The objective of the claim was to protect the IP in our Colin the Caterpillar cake, and we are very pleased with the outcome.”
Aldi did not provide a comment on the trademark.