Aldi have sailed close to the wind before with products that bear a striking resemblance to other retailers. However, this time, the big question must be Why Aldi, as it was soon revealed that there were many similar shaped celebration cakes on the market sold by other retailers such as Waitrose, Sainsbury’s, Morrisons, Co-op and Asda.

In typical Aldi style, they have responded to the upcoming legal case by first launching a social media campaign ‘free Cuthbert’ featuring their cake in modified ‘jail’ packaging and then announcing they were bringing back a limited-edition version next month with proceeds going to cancer charities (including the Macmillian Cancer and Teenager Cancer, both of which Marks & Spencer supports) and asking the other retailers to join them.

How is this going to pan out from a legal perspective, and if M&S are successful, will they then look to act against other retailers? If they drop the case, will that then mean other products will be copied? At this stage it is hard to predict but, in the meantime, we’ll watch Twitter and #caterpillarsforcancer with interest.