Welcome back to the Emily show this week. I have a special audio only episode for you. I have been traveling for Vidcon. Hopefully you've been following me along the social medias with that and in our member spaces, but today I wanted to bring you kind of the condensed version of one of my favorite cases that I have covered that if you don't catch up with all the live streams or if you're a newer laundered you might not have heard me talk about and that is all of the drama with

Colin and Cuthbert the caterpillar takes from the UK. This was a trademark battle that became a delightful social media sparring event with well, the Aldi Twitter account and the Aldi UK Twitter account is cheeky and kind of delightful while they were in the midst of being sued by MNS. And so I have taken those live streams and condensed them down so that you not only get the cheekiness from Twitter, but kind of the heart of what this case was about.

And then the follow up over a year later, as Aldi took back to Twitter to do a video of Colin and Cuthbert all showing up at a birthday party together. And of course, I will link the full streams down below. If you want to go see the tweets and the videos for yourself, you can go find them over on my YouTube channel. I hope you enjoy this breakdown of Colin and Cuthbert and I will be back with more topics next week. So for now, let's get into it.

Welcome to the Emily show. I'm Emily Debaker, the internet's go to legal analyst and big fan of the Cursey words. I've been a licensed attorney for over 17 years. I'm a former prosecutor and I break down the legal side of pop culture and entertainment stories. We can't stop talking about. We should just get into it. Let's go.

Let's talk about MNS marks and Spencer versus Aldi in the UK, because you tagged me, you all tagged me on Twitter. I see you when you tag me on Twitter most of the time. I don't always see all of them, but I saw this. This is fascinating to me. And I'm living for it. So let's just talk about it real quick. I'm going to do nothing, but I'm going to do it.

Make fun of this lawsuit because it's fun and it's silly trademark rights are very serious, but also we're talking about cake. Anyone in the chat who has had a Colin or Cuthbert, the caterpillar cake, please let us know. I want to know if you like the cake are UK friends. Let us know about the cake. I mean, we've gone from Eric or you're already being like, let them eat cake to actual caterpillar cakes. Let's talk about the cakes.

Cakes, cakes. Look, this is Colin, the caterpillar. This is Aldi's Cuthbert, the caterpillar. MNS, who is Colin, says, hey, Cuthbert, fuck you. Stop copying me. And Markson Spencer has begun legal action against Aldi arguing that the supermarkets Cuthbert, the caterpillar cake, infringes on its Colin, the caterpillar trademark Colin. Colin.

Colin has a trademark MNS claims their similarity leads consumers to believe they are of the same standard. Ooh, the shade. It's like no Aldi, your cake sucks. Our cake is better. And because they look exactly the fucking same. People are going to think that the cake and Aldi is the same as the cake from MNS and MNS has a much higher standard than Aldi. That is what is being said here. That is what is being said here.

So the shade. I wish I could get one of these cakes. We can't. But if you y'all law nerds in the UK, if you get one of these cakes, please tag me on social media. I want to see it.

So MNS lodged an intellectual property claim with the high court this week. MNS wants Aldi to remove the product from sale. And apparently it's already been removed from sale at Aldi in the UK.

And agree not to sell anything similar in the future. Hey, Aldi, Aldi, check if it's an international trademark. If it's not an international trademark, just sell it in the States. We'll go to Aldi and buy the customer to caterpillar cake just in support.

And I'll tell you why we're supporting in a minute because I get I get it. If I'm MNS, you have the right to have people not rip off your shit. However, kickcat loss that argument.

When kickcat sued over somebody else having the forefinger like break off kickcat, we'll talk about the kickcat law. If we want to talk about food lawsuits, we'll do that another day.

But the retailer has three trademarks relating to Colin, which it believes means Colin has acquired and retains an enhanced distinctive character and reputation.

Ooh, Colin bougie. Colin is absolutely bougie. Colin's like new, new I have a distinctive character and a reputation. Cuthbert, you suck.

The product was launched 30 years ago. Colin's appearance has been substantially unchanged since 2004, except for

particular seasonal events.

A spokesperson said, because we know the MNS brand is special, I thought they were going to say superior, but no, because the MNS brand is special to our customers and they expect only the very best from us.

Love and care goes into every MNS product on ourselves. Look in the in the one trip to London, I spent way too much time in money at MNS.

It was fantastic. I love it. I wish we had it here. It's better than target not going to lie. So we want to protect Colin, Connie, and our reputation for freshness quality innovation and value. It's 30 years old. Do we call it innovation?

Thanks. Pam, I don't know how to do a posh accent. I'm sorry. I'm trying. I don't know.

Colin is central to MNS's partnership with a cancer charity. Okay. Now they're saying essentially, here's how I'm reading this shade to Aldi. You're stealing from charity.

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