Feb 9, 2022

Cuthbert Free at Last

Last April we reported on the heavily publicised dispute between supermarket giants Marks & Spencer and Aldi concerning Colin and Cuthbert the caterpillars. Some ten months later, the dispute has come to an amicable resolution.

Marks & Spencer are said to be “pleased” with the outcome, with the objective of the claim being to protect the intellectual property in the Colin the Caterpillar cake. Meanwhile, Aldi confirmed Cuthbert the Caterpillar is “looking forward” to seeing his fans having been set free. Both supermarkets confirmed an agreement has been made between the parties, but are yet to comment on details of the agreement due to its confidential nature.

Marks & Spencer launched Colin the Caterpillar back in 1990 and it has been the face of charity work over the years alongside Macmillan. Cuthbert made his first appearance on Aldi shelves in 2019 and has also been connected to charitable work, with proceeds of sales being used to fundraise for the Teenage Cancer Trust as well as Macmillan. Whilst Marks and Spencer were the first retailer to sell a caterpillar cake, other supermarkets, including Asda, Tesco and Sainsbury’s have also released similar caterpillar cakes, but Aldi is the only supermarket subject to legal action.

Aldi are also embroiled in yet another dispute with Marks and Spencer over a “light-up” gin liqueur product. As Aldi tend to settle most cases before reaching trial, it is to be seen if an agreement can be made on this case too.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.

in: Case Law, Companies, Legal News, Passing Off

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