Marks & Spencer and Aldi call a truce in Colin the Caterpillar cake war
Marks & Spencer has settled a copyright row with Aldi about its Colin the Caterpillar cake right after the German discounter altered the overall look of a lookalike model.
The spat among the two retailers produced headlines in April when M&S logged a legal claim towards the German discounter after it started promoting a cake named Cuthbert the Caterpillar, which looked similar.
The firms achieved a confidential settlement out of court docket on Nov 5, legal documents exhibit. They declined to comment on the phrases of the settlement.
M&S’s roll-formed cake very first went on sale far more than 30 yrs back. It is created of chocolate sponge and buttercream encased in a chocolate shell and dotted with multi-colored chocolate buttons.
Very last year, Marks claimed that Aldi infringed its trademark and demanded it halt promoting the Cuthbert cake and not sell any related goods in the foreseeable future.
Aldi at the time mentioned it experienced not stocked the cake due to the fact mid-February very last 12 months, but introduced it again in May with a a little altered visual appearance. Variations included supplying Cuthbert white chocolate instead than brown eyes.
M&S explained in its primary courtroom assert that revenue of all Colin the Caterpillar cakes, including sister solutions such as Connie the Caterpillar and Halloween and Christmas variations, contributed to yearly revenues of up to £10.4m a 12 months over the earlier 5 yrs.
An M&S spokesman reported: “The aim of the claim was to shield the IP [intellectual property] in our Colin the Caterpillar cake and we are very pleased with the end result.”
An Aldi spokesman explained: “Cuthbert is absolutely free and looking forward to observing all his fans once more quite shortly.”
M&S has since logged yet another claim towards Aldi, which is even now ongoing, about its Xmas gin liqueur with edible gold flakes.
Past thirty day period, nevertheless, Marks was by itself accused of double specifications after it copied a loved ones business’s chocolate layouts. It has given that agreed to sell Choc on Choc’s goods in some merchants.
