M&S have launched caterpillar cake wars against Aldi for infringement of its much loved ‘Colin the Caterpillar’ Trademark by Aldi’s own ‘Cuthbert the Caterpillar’. This litigation involves 3 of M&S’ Trade Marks, one of which protects the distinctive shape and get up of the cake. Trade Mark disputes involving shapes of products are notoriously difficult to pursue, and Aldi are not the only supermarket to have historically produced copycat caterpillar cakes. This serves as a reminder that even a shape can attract distinctiveness and competing businesses could find themselves in hot water for copying a distinctive design.’
Here’s a link to a news report on it, as below: https://www.bbc.co.uk/news/business-56756731
