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Sunday, June 26, 2022

Cuthbert the Caterpillar set free from legal dispute with Marks and Spencer

The legal drama between Cuthbert and Collin is over following a deal struck between supermarket giants Marks and Spencer and Aldi.

Aldi’s Cuthbert the Caterpillar is free from his legal problems following a copyright dispute with Marks and Spencer.

Last April, Marks and Spencer launched legal action against the German supermarket, accusing their rival of copying the design of their Collin the Caterpillar cake.

Collin, who has been around since 1990, is a tasty chocolate sponge roll cake filled with chocolate buttercream and covered in a milk chocolate shell, with sugar-coated milk chocolate beans for decoration. The retailer suggested that they have sold over 15 million Colin’s since he was introduced three decades ago.

Collin is a fan favourite amongst children and adults who have grown up eating the cake, with David Beckham and Judy Dench famously enjoying the animal-shaped chocolate coverage sponge.

Cuthbert the Caterpillar was sent into space to raise money for charity. Image: SentIntoSpace.

In 2016, Collin got a girlfriend, Connie, and M&S have subsequently branched out to make holiday-specific versions, like Christmas, Halloween, and Mother’s Day, and released miniature versions of the popular celebration cake.

Most supermarkets have their version of Collin the Caterpillar, Tesco has Curly the Caterpillar, Asda has Clyde the Caterpillar, Sainsbury’s has Wiggles the Caterpillar and Morrison has Morris the Caterpillar, but M&S chose Aldi to wage critter war on because Cuthbert’s design and packaging are very similar to Colin’s, which was trademarked in 2020.

Cuthbert’s face made out of white chocolate and brown chocolate eyes look almost identical to the OG caterpillar. Cuthbert costs £4.99 whereas Collin costs £7, making Cuthbert the cheapest caterpillar cake on the market.

In May, Aldi started selling its caterpillar cake again after making changes to its chocolate face design. On Thursday, Deputy Master Timothy John Bowles signed off an agreement in a consent order filed at the High Court.

Both supermarkets confirmed an agreement has been struck but said they could not release details of the “confidential” deal.

An M&S spokesman said: “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.”

Meanwhile, an Aldi representative said: “Cuthbert is free and looking forward to seeing all his fans again very soon.”

What version of the caterpillar cake is your favourite? Let us know your thoughts in the comments below.

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