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Marks & Spencer has started legal action against Aldi in an effort to protect its Colin the Caterpillar cake with a claim that its rival’s Cuthbert the Caterpillar product infringes its trademark.

M&S, which lodged an intellectual property claim with the High Court this week, is arguing that 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.

M&S wants Aldi to remove the product from sale and agree not to sell anything similar in the future.

M&S starts legal action against Aldi over Colin the Caterpillar cake