But this time, posting on Twitter, the supermarket said it was bringing back a limited edition of the cake and wanted to donate profits from its sales to cancer charities. The company has started a hashtag with this in mind - #caterpillarsforcancer.
M&S argue that Aldi is taking its intellectual property by making a similar cake and want them to remove it from the market.
But today, Aldi has taken a different approach and is asking other supermarkets that produce caterpillar cakes – including Tesco and Waitrose – to join them in raising money for charity.
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The more serious note hasn’t stopped Aldi posting funny memes, however, and Aldi clearly still has a lot of those up their sleeves/cocoons:
Meanwhile, people on Twitter have appeared to support the charitable drive, with one person saying:
And another saying the PR stunt should be in marketing textbooks:
Charity Teenage Cancer Trust has also signalled their approval:
And today, after days of silence, M&S finally responded to the Twitter baiting, to post a joke of its own:
As for their case, Gary Assim, an intellectual property specialist at law firm Shoosmiths, told the BBC: “Aldi is known to sail close to the wind on creating products which look and/or sound incredibly similar to other brands.
“M&S may find their case against Aldi difficult, since there are other caterpillar cakes on the market. They should have taken a zero-tolerance approach from the start if they felt that Colin and Connie were so important to them.”
Cuthbert 1, Colin 0.