No slice of the (caterpillar) cake for Aldi, says M&S—but does the claim have legs?

Article summary

IP analysis: The caterpillar cake has long been an iconic focal point of children’s parties and office celebrations across the UK. But can one supermarket prevent their competitors from making copy-caterpillars? Marks & Spencer (M&S) certainly thinks so, after bringing infringement proceedings against Aldi and its ‘Cuthbert the Caterpillar’ cake. Jack Kenny, associate, and Eve Brown, associate, at Marks & Clerk discuss the potential arguments M&S could make as part of their claim and the issues they may face in response.