A supermarket has caused online hilarity after writing an ‘open letter’ to the Great British Bake Off threatening to sue them after the show’s quarter-finalists were asked to make a caterpillar cake.
Aldi jokingly claimed the Channel 4 show breached copyright by asking bakers to make the cake – which resembles their Cuthbert the Caterpillar cake.
A Facebook post shared by the supermarket stated the show had ‘violated Cuthbert’s rights’ and asked them to ‘cease and desist’ any unlawful reference to the cake.
Aldi famously found itself at the receiving end of a copyright claim in 2021 when M&S accused the German retailer of copying its own Colin the Caterpillar cake to create Cuthbert.
The open letter has generated tens of thousands of ‘likes’ and thousands of comments with some describing the post as ‘hilarious’.
Last night – during the technical challenge on The Great British Bake Off – contestants were asked to bake a caterpillar cake.
Aldi jokingly claimed Channel 4’s Great British Bake Off breached copyright by asking bakers to make the cake – which resembles their Cuthbert the Caterpillar cake.
Marks & Spencer settled an intellectual property claim with Aldi in February 2022 after it accused them of copying the design of its famous Colin the Caterpillar cake (pictured) to create rival Cuthbert
Details of the ‘confidential’ deal were not revealed but commentators said the case was never likely to go to trial (Pictured: Aldi’s Cuthbert the Caterpillar cake)
A Facebook post shared by the supermarket stated the show had ‘violated Cuthbert’s rights’ and asked them to ‘cease and desist’ any unlawful reference to the cake
The open letter has generated tens of thousands of ‘likes’ and thousands of comments with some describing the post as ‘hilarious’
Many supermarkets have their own version of the infamous cake – which was not mentioned by name on Bake Off.
In response to its use, Aldi posted an open letter on Facebook addressed to Channel 4.
The post read: ‘We are intellectual caterpillar counsel to Aldi UK.
READ MORE: IT’S COLIN THE CATERPILLAR CAKE WAR ROUND EIGHT!
‘We write to you regarding Channel 4’s violation of Cuthbert’s rights. Aldi has always been a big fan of the Great British Bake Off, and we’ve long craved a Hollywood handshake* But tonight’s episode really took the biscuit.
‘Aldi is prepared to protect its caterpillar and pursue this matter to the fullest extent of the law.
‘We certainly think a legal challenge would be a piece of* well, we think it would be easy. Therefore, we demand that you cease and desist from all further use of, and agree to permanently refrain from, any unlawful reference to, or use of, Cuthbert, including, without limitation, use of the image unless the team crown Aldi Star Bakers for the rest of the series (whilst Paul is dressed as a caterpillar).
‘Hopefully this isn’t a case of us trying to have our cake and eat it, and we can avoid a Great British Face Off. Kind regards, Cuthbert’s legal team.’
Commenters found the post ‘hilarious’ and one Facebook user responded by saying: ‘Watching Aldi UK socials was the only way to watch £GBBO tonight and it didn’t disappoint. Love you guys (and us for the comments).’
A spokesperson at Aldi has confirmed there is no current legal action against Channel 4, but suggested amateur bakers might want to consider buying a caterpillar cake before they attempt to make one at home.
In May 2021, M&S took legal action against Aldi – accusing the German discounter of copying the design of its famous Colin the Caterpillar cake with their Cuthbert the Caterpillar offering.
Lawyers were brought in on the intellectual property claim, which even made it to the High Court.
But in February last year, both supermarkets confirmed an agreement had been struck to resolve the conflict.
Details of the ‘confidential’ deal were not revealed, but Cuthbert reappeared on shelves in a slightly different format.
The product is now listed as ‘Holly Lane Cuthbert Cake’ and its price has risen to £5.49.
Speaking after the deal was struck, Alex Watt, Partner at Howard Kennedy LLP law firm, observed: ‘It always seemed like this was an unlikely case to go all the way to trial.
‘The fact that there was a well-developed PR campaign by M&S launched at the same time suggests that – perhaps typically given the subject matter – this was always intended for public consumption.’
M&S has three trademarks relating to Colin, which the retailer believes means Colin has acquired and retains an enhanced distinctive character and reputation.
Nevertheless, the M&S original has spawned a range of imitators since its launch, such as Sainsbury’s Wiggles, Tesco’s Curly, Morris by Morrisons, the Co-op’s Charlie, Cecil by Waitrose and Asda’s Clyde.
