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02nd Feb 2022

Aldi and M&S settle legal dispute over caterpillar cakes

The battle of the caterpillar cakes is finally over.

Cast your mind back to last spring and you might remember an unusual legal case making headlines.

Indeed, last year saw Marks & Spencer and Aldi go head to head over their caterpillar cakes. It all began when M&S filled a lawsuit against the European supermarket, claiming that Aldi’s Cuthbert the Caterpillar cake was a dupe of their famous Colin the Caterpillar cake.

In their lawsuit, M&S asked Aldi to take Cuthbert off the shelves and agree to not sell anything resembling Colin in the future.

A few months later, in May, Aldi began selling Cuthbert once more after modifying their design.

Now, almost a year later, it seems the two supermarkets have come to an agreement over their respective caterpillars.

A spokesperson for M&S issued a statement which read: “The objective of the claim was to protect the IP (intellectual property) in our Colin the Caterpillar cake, and we are very pleased with the outcome.

“Like many other UK businesses, large and small, we know the true value and cost of innovation and the enormous time, passion, creativity, energy and attention to detail, that goes into designing, developing and bringing a product to market and building its brand over many years.

“So it is understandable that we want to defend our intellectual property and protect our suppliers – many of them small businesses that have worked with us for decades.”

An Aldi spokesperson, meanwhile, said: “Cuthbert is free and looking forward to seeing all his fans again very soon.”