Aldi says Cuthbert the Caterpillar is ‘free’ after lawsuit settlement

The dispute had been going on since last spring

Marks & Spencer and Aldi have reached an agreement in their copyright row over caterpillar cakes.

Last year, M&S accused the German supermarket of copying its iconic Colin the Caterpillar cake.

Aldi initially stopped selling Cuthbert the Caterpillar, in February 2021, with M&S launching legal action in April. They accused Aldi of infringing on its Colin the Caterpillar trademark.

However both supermarkets confirmed on Wednesday that they had reached a confidential agreement on the case, ending the dispute.

The two retailers reached an out of court settlement on November 5 last year, according to the Telegraph.

Both have declined to comment on the terms involved.

An M&S spokesman said: “The objective of the claim was to protect the [intellectual property] in our Colin the Caterpillar cake and we are very pleased with the outcome.”

Aldi Stores UK said in a tweet: “Getting out early on good behaviour, keep an eye out for Cuthy B this spring.”

Getting out early on good behaviour, keep an eye out for Cuthy B this Spring 👀👀 x #FreeCuthbert

— Aldi Stores UK (@AldiUK) February 1, 2022

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

However the tense relationship between the two retail giants isn’t over just yet.

M&S has since launched another claim against Aldi over its Christmas gin liqueur which featured edible gold flakes.