Marks & Spencer and Aldi call a truce in Colin the Caterpillar cake war

Marks & Spencer has settled a copyright row with Aldi about its Colin the Caterpillar cake immediately after the German discounter altered the physical appearance of a lookalike model.

The spat between the two vendors made headlines in April when M&S logged a authorized claim in opposition to the German discounter just after it began providing a cake identified as Cuthbert the Caterpillar, which seemed similar. 

The businesses attained a confidential arrangement out of court on Nov 5, legal paperwork present. They declined to comment on the terms of the settlement. 

M&S’s roll-shaped cake initially went on sale more than 30 decades back. It is created of chocolate sponge and buttercream encased in a chocolate shell and dotted with multi-coloured chocolate buttons. 

Previous 12 months, Marks claimed that Aldi infringed its trademark and demanded it quit offering the Cuthbert cake and not offer any similar products in the foreseeable future. 

Aldi at the time claimed it had not stocked the cake considering that mid-February very last yr, but introduced it again in Could with a a little bit altered visual appearance. Alterations incorporated supplying Cuthbert white chocolate instead than brown eyes.

M&S mentioned in its unique court assert that revenue of all Colin the Caterpillar cakes, like sister goods these as Connie the Caterpillar and Halloween and Xmas variations, contributed to yearly revenues of up to £10.4m a yr over the earlier five several years. 

An M&S spokesman reported: “The objective of the declare was to safeguard the IP [intellectual property] in our Colin the Caterpillar cake and we are very happy with the final result.”

An Aldi spokesman said: “Cuthbert is free of charge and looking ahead to observing all his followers all over again incredibly before long.”

M&S has given that logged yet another declare from Aldi, which is nevertheless ongoing, about its Christmas gin liqueur with edible gold flakes. 

Very last thirty day period, nonetheless, Marks was by itself accused of double criteria immediately after it copied a relatives business’s chocolate designs. It has because agreed to sell Choc on Choc’s items in some retailers.