All the Colin the Caterpillar 'dupes' that M&S isn't taking legal action against

The upmarket supermarket wants to pull Aldi's Cuthbert cake from shelves over claims it infringes M&S's trademark and "rides on the coat-tails" of its reputation - but it won't be suing Tesco's Curly the Caterpillar or Co-op's 'curious' edition

Marks & Spencer has gone to war over claims Aldi’s latest dupe, the Cuthbert the Caterpillar cake, is almost too similar to Colin, as competition between Britain’s supermarkets heats up.

The chain last week announced it had taken legal action against the German grocer in an effort to protect its Colin trademark – alleging that Cuthbert infringes one of the chain’s best-selling lines.

It lodged an intellectual property claim with the High Court arguing the similarity of Aldi's product leads consumers to believe they are of the same standard and "ride on the coat-tails" of M&S's reputation with the product.

But bizarrely, the grocer is not taking action against its Big Four rivals who have all launched spin-offs since Colin made his first appearance in 1990.

Referencing its Colin-dupes club last week, Aldi tweeted: “Cecil, Wiggles, Curly, Clyde. We got you. @Waitrose @Sainsburys @Tesco @Asda #FreeCuthbert”.

Even members of the public have commented, arguing that the copycat versions are actually more affordable than the original.

One Twitter user wrote: "Surely if M&S is taking legal action against Aldi for replicating Colin the Caterpillar they will have to go against the rest of these too?" Sorry yours is too expensive M&S."

Morrisons chimed: “Day two and they still suspect nothing #freecuthbert…”

A whole host of other grocers have designed their own versions, albeit with different names over the past decade following the cake's growing popularity.

This includes Morrisons’ celebrations caterpillar cake and Cecil the Caterpillar which is stocked at Waitrose.

Tesco’s £5.45 Tesco Curly The Caterpillar Cake even describes itself as a “swiss roll filled with chocolate flavoured buttercream, covered in milk chocolate, finished with chocolate and sweet decorations” – identical to Colin’s design.

Asda’s Clyde the Caterpillar also walks away untouched. The chain’s £5.92 swiss role even includes a layer of chocolate sprinkles in true homage to its original.

Sainsbury’s' Wiggle the Caterpillar edition is stocked at £6 - although it's kept silent since the war erupted on social media.

Waitrose has cashed in with Cecil, which will set you back £7 in recent years.

Colin the Caterpillar has become a failsafe for all ages and occasions since it launched 30-years ago, with even David Beckham and Dame Judi Dench on the iconic cake’s fan base.

The product – a sponge with milk chocolate and buttercream, topped with chocolate sweets and a smiling white chocolate face - is central to M&S's partnership with cancer charity Macmillan.

In fact, it’s proved so popular with cake fans that M&S has launched an entire range of spin-offs - with Colin’s girlfriend launching in 2016.

But trouble has been brewing for Colin in recent weeks as its status as the go-to caterpillar cake has come under threat from a bevy of imitators, including Aldi.

M&S claims that the similarities between its cake and Aldi’s could lead consumers to believe they are of the same standard.

An M&S spokesman said: "Because we know the M&S brand is special to our customers and they expect only the very best from us, love and care goes into every M&S product on our shelves.

"We want to protect Colin, Connie and our reputation for freshness, quality, innovation and value."

It is understood Aldi's cake is a seasonal product and has not been on sale since February.