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Marks & Spencer and Aldi settle 'Colin the Caterpillar' cake copyright row

Marks & Spencer and Aldi say they've come to an agreement.
Stephen McNeice
Stephen McNeice

20.15 1 Feb 2022


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Marks & Spencer and Aldi s...

Marks & Spencer and Aldi settle 'Colin the Caterpillar' cake copyright row

Stephen McNeice
Stephen McNeice

20.15 1 Feb 2022


Share this article


Marks & Spencer has settled its copyright row with Aldi.

The legal dispute broke out over accusations the German firm copied the design of the British retailer's popular Colin the Caterpillar cake.

Both sides say an agreement has now been struck, but they can’t release details of the "confidential" deal.

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The Colin chocolate sponge cake has proven a mainstay of M&S stores since 1990, and has spawned a host of similar cakes from other retailers.

However, M&S announced in April 2021 it was taking action against Aldi for allegedly infringing three of their trademarks.

Aldi says its version - called Cuthbert - is now "free" after the dispute was resolved.

In a statement quoted by The Guardian, M&S said it was "very pleased" with the outcome.

They said their objective in making the legal claim was to protect the intellectual property in their cake design and packaging.

However, there are still some continuing legal issues between the two companies despite a settlement in the cake row.

M&S is also suing Aldi over the design of a Christmas gin, with the UK retailer claiming the German supermarket's illuminated bottle design was "strikingly similar" to their own.

Additional reporting by IRN

Main image: Marks & Spencer Colin the Caterpillar chocolate cake. Picture by: Carolyn Jenkins / Alamy Stock Photo

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