Great British Take Off! Aldi jokes that Channel 4 show has infringed its copyright by asking contestants to make a caterpillar cake – after M&S claimed discount chain’s Cuthbert cake was a rip-off of Colin the Caterpillar

A supermarket has caused online hilarity after writing an ‘open letter’ to Britain’s Bake Off threatening to sue them after the show’s quarter-finalists were asked to make a caterpillar tail.

Aldi jokingly claimed the Channel 4 show was infringing copyright by asking bakers to make the cake, which resembles their Cuthbert the Caterpillar cake.

A Facebook post shared by the supermarket said the show had ‘violated Cuthbert’s rights’ and asked them to ‘cease’ any unlawful reference to the cake.

Aldi found itself on the receiving end of a copyright claim in 2021 when M&S accused the German retailer of copying its own Colin the Caterpillar cake to create Cuthbert.

The open letter has attracted tens of thousands of ‘likes’ and thousands of comments, with some describing the message as ‘hilarious’.

Last night – during The Great British Bake Off’s technical challenge – the participants were asked to bake a caterpillar cake.

Marks & Spencer settled an intellectual property claim with Aldi in February 2022 after Aldi accused them of copying the design of the famous Colin the Caterpillar cake (pictured) to create rival Cuthbert

Details of the ‘confidential’ deal were not disclosed, but commentators said the case would likely never go to trial (Photo: Aldi’s Cuthbert the Caterpillar cake)

A Facebook post shared by the supermarket said the show had ‘violated Cuthbert’s rights’ and asked them to ‘cease’ any unlawful reference to the cake.

The open letter has generated tens of thousands of ‘likes’ and thousands of comments, with some describing the post as ‘hilarious’.

Many supermarkets have their own version of the infamous cake – which was not mentioned by name on Bake Off.

In response to its use, Aldi posted an open letter on Facebook addressed to Channel 4.

The message read: ‘We are intellectual advisors to Aldi UK.

‘We are writing to you about Channel 4’s breach of Cuthbert’s rights. Aldi has always been a big fan of the Great British Bake Off, and we’ve long been craving a Hollywood handshake* But tonight’s episode really was the icing on the cake.

‘Aldi is prepared to protect its caterpillar and prosecute this case to the fullest extent of the law.

“We certainly think a legal challenge would be a stretch*, we think it would be easy. We therefore require that you cease any further use of, and agree to permanently refrain from, any unlawful reference to or use of Cuthbert, including but not limited to the use of the image, unless the team crowns Aldi Star Bakers for the rest of the series (while Paul is dressed as a caterpillar).

‘Hopefully this isn’t a case where we want to have our cake and eat it too, and we can avoid a Great British Face Off. Kind regards, Cuthbert’s legal team.’

Commenters found the post ‘hilarious’ and one Facebook user responded by saying: ‘Looking at Aldi UK social media was the only way to watch £GBBO tonight and it didn’t disappoint. Love you guys (and us for the comments).”

A spokesperson for Aldi has confirmed that no legal action has currently been taken against Channel 4, but suggested that amateur bakers might consider buying a caterpillar cake before trying to make one at home.

In May 2021, M&S took legal action against Aldi, accusing the German discounter of copying the design of its famous Colin the Caterpillar cake with their Cuthbert the Caterpillar offering.

Lawyers were brought in for the intellectual property claim, which even ended up in the Supreme Court.

But in February last year, both supermarkets confirmed that an agreement had been reached to resolve the dispute.

Details of the ‘confidential’ deal were not revealed, but Cuthbert reappeared on shelves in a slightly different format.

The product is now listed as ‘Holly Lane Cuthbert Cake’ and the price has risen to £5.49.

After the deal closed, Alex Watt, a partner at the law firm Howard Kennedy LLP, commented: “It always seemed like this was an unlikely case that would lead to a lawsuit.

‘The fact that a well-developed PR campaign was launched by M&S at the same time suggests that – perhaps characteristically given the subject matter – it was always intended for public consumption.’

M&S has three trademarks relating to Colin, which the retailer says means Colin has acquired and maintained greater distinctiveness and reputation.

Nevertheless, the M&S original has spawned a string of imitators since its launch, including Sainsbury’s Wiggles, Tesco’s Curly, Morris from Morrisons, The Co-op’s Charlie, Cecil from Waitrose and Asda’s Clyde.