December 7, 2022

Online Content Review

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

2 min read

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

The spat among the two vendors created headlines in April when M&S logged a lawful assert against the German discounter following it started providing a cake named Cuthbert the Caterpillar, which appeared equivalent. 

The companies arrived at a confidential settlement out of court docket on Nov 5, authorized files demonstrate. They declined to comment on the terms of the settlement. 

M&S’s roll-shaped cake first went on sale additional than 30 many years back. It is designed of chocolate sponge and buttercream encased in a chocolate shell and dotted with multi-coloured chocolate buttons. 

Previous calendar year, Marks claimed that Aldi infringed its trademark and demanded it prevent advertising the Cuthbert cake and not promote any equivalent goods in the future. 

Aldi at the time claimed it experienced not stocked the cake given that mid-February very last yr, but brought it back in Might with a a little bit altered visual appearance. Adjustments incorporated providing Cuthbert white chocolate relatively than brown eyes.

M&S claimed in its primary court declare that product sales of all Colin the Caterpillar cakes, including sister merchandise these kinds of as Connie the Caterpillar and Halloween and Xmas variations, contributed to once-a-year revenues of up to £10.4m a yr above the earlier 5 a long time. 

An M&S spokesman mentioned: “The goal of the assert was to safeguard the IP [intellectual property] in our Colin the Caterpillar cake and we are extremely happy with the consequence.”

An Aldi spokesman mentioned: “Cuthbert is cost-free and wanting ahead to looking at all his enthusiasts again incredibly shortly.”

M&S has because logged a different claim against Aldi, which is even now ongoing, about its Xmas gin liqueur with edible gold flakes. 

Previous thirty day period, having said that, Marks was itself accused of double standards immediately after it copied a relatives business’s chocolate types. It has because agreed to provide Choc on Choc’s products in some merchants. 

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