Tensions between M&S’ Colin the Caterpillar and Aldi’s Cuthbert the Caterpillar boiled over in April 2021 when the high street retailer accused the German supermarket of breaches of copyright.
M&S took issue with Cuthbert looking too much like their classic Colin cake which has been devoured by people up and down the country on their birthday for countless years.
However, a lawsuit which was filed back in spring last year in an effort to get Cuthbert removed from shelves was withdrawn last week as the two supermarkets have come to an agreement.
Although this lawsuit was launched in April, Aldi’s version of the cake was seen back in stores the following month after they made changes to the design of the face.
The caterpillars will no longer be the centre of a court battle thanks to the agreement, which was made confidentially in November, much to the annoyance of the internet who no doubt were already planning more memes to post on social media.
“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,” an M&S spokesperson said.
Aldi also released a statement, they said: “Cuthbert is now free and looking forward to seeing all his fans again very soon.”
But the saga still isn’t over as M&S are involved in another legal dispute with Aldi, this time over their light up gin bottles which they alleged the German retailer copied.
It doesn’t always have to end with legal battles though – Aldi started to sell a beer which looked very similar to the brewery BrewDog’s design and brand, called Anti-Establishment IPA.
Instead of taking the matter to court, the Scottish-born brewery teamed up with the supermarket to make ALD IPA.
Words by Lucy Roberts for Female First, who you can follow on Twitter, @Lucy_Roberts_72.
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