Last week I mentioned that things usually go viral for reasons people don’t expect and it is often something people want to keep quiet that makes the loudest noise.

Right on cue, news broke that high-end retailer Marks & Spencer is taking legal action against budget supermarket chain Aldi for its Cuthbert the Caterpillar cake – which M&S says is a copy of its iconic Colin the Caterpillar cake.

Colin has been the staple of many a birthday party and special occasion for nearly 30 years and is a favourite with adults and children alike.

Others have created their own similar versions of the beloved treat, but when Aldi – which is known for offering own-brand products in packaging and names similar to better-known rivals – unveiled Cuthbert the Caterpillar cake, M&S claimed it was “riding on the coat tails” of M&S’s reputation and took action.

Aldi bosses and lawyers haven’t revealed how seriously they are taking the lawsuit, but Cuthbert hasn’t been in stores for more than a month and the firm declined to comment further, which is what you would expect when the legal wheels start turning.

It has digitally rebranded the packaging online to show poor Cuthbert behind bars, and launched a social media campaign to #FreeCuthbert. The move has created a huge following on social media and the story has been picked up in mainstream news as well. Call it the law of unintended consequences, but what M&S imagined would have been a shot across Aldi’s bow and cease-and-desist warning has turned into a viral marketing success for the latter, whatever the result of the legal action.

At the end of last week and over the weekend, caterpillar wars were hotting up across social media, with customers and commentators choosing who to side with, and other supermarkets getting in on the act.

In response, Tesco – whose Curly the Caterpillar Cake is noticeably different in appearance to Colin and Cuthbert – posted a tweet of its creation, asking “Should we be worried?”

Comparisons have also been shared of the different caterpillar cake offerings, with those from Waitrose, Sainsbury’s looking like they could be closely related to Colin, while Clyde, from Asda, and Morrison’s Cheeky Caterpillar could be distant family.

Despite the incredible PR opportunity this has thrown, up, there is a serious side to it. Claims of copyright infringement are basically claims of theft because it is stealing someone else’s ideas and work, which is why trademarks, patents and copyrights are so fiercely defended. 

Intellectual property is an even bigger problem, with images and concepts being shared around the web without a thought for their origins, or acquiring the necessary permissions and licences. It is literally taking money out of someone’s pocket and putting it in your own. Using someone else’s work for your own gain is theft, and should be challenged at every turn.

It is so serious that penalties for those found guilty start at £5,000 and six months in prison, rising to 10 years for criminal offences.

Hopefully Cuthbert won’t have to get used to the bars for that long.

As the saying goes, there is no such thing as bad publicity, so, whatever the outcome of the High Court action, it has been a PR triumph for Aldi, which is having its cake and eating it.

#FreeCuthbert #caterpillarcakewars #colinthecaterpillar