IP lawyers are crawling all over the caterpillar cake war between M&S and Aldi, which has resulted in M&S suing Aldi in the High Court. 

M&S has several registered trade marks which protect the name and packaging of their Colin the Caterpillar cake. It seems that the main plank of their case is that Aldi's Cuthbert cake piggybacks on the reputation of these trade marks and could lead consumers to think that the cakes are of the same standard. 

The case itself is likely to turn on how well known the Colin cake is; how similar the Cuthbert name and packaging are; and whether Aldi intended to benefit from the M&S trade marks in order to convey that its Cuthbert cake is equivalent in taste and quality.

Meanwhile, Aldi are fighting back on the PR front, with a string of social media posts poking fun at M&S and no doubt trying to garner public sympathy.