M&S and Aldi reach settlement in row over copyright of caterpillar cake

(qlmbusinessnews.com via bbc.co.uk – – Wed, 2nd Feb 2022) London, Uk – –

M&S had accused the German discounter of copying its Colin the Caterpillar cake.

The supermarkets confirmed they had reached a settlement, but declined to give details.

M&S said it was “pleased” with the outcome, and Aldi said its Cuthbert the Caterpillar cake was “free” and “looking forward” to seeing his fans.

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Aldi stopped selling its cake in February 2021, and in April last year M&S accused the supermarket of infringing its Colin the Caterpillar trademark.

The discounter later brought out a limited edition for charity.

Both supermarkets confirmed on Tuesday that an agreement has been struck but declined to release details of the “confidential” deal.

As first reported by the Telegraph, High Court Judge Timothy John Bowles allowed the legal claim to be withdrawn on Thursday, and it emerged that the retailers had signed a “confidential agreement” over the claim in November.

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”.

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

Fans of the party food favourite celebrated the end of the dispute on social media too.

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