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Colin the Caterpillar shook hands with rival Cuthbert to solve the supermarket cake wars.
Marks & Spencer has reached an agreement with Aldi after taking legal action to protect Colin’s bestselling insect cake. M&S summoned lawyers over concerns that the chocolate squishy squishy competitor to German grocer, Cuthbert, was appearing in imitation at birthday parties and picnics.
Cuthbert Caterpillar, photographed at 40,000 feet to raise money for Aldi’s charitable partner, the Teenage Cancer Fund. Photo: Posted to Space / Aldi / PA
Details of the deal, which was finalized in the Supreme Court last week, have not been revealed, but it is understood Cuthbert will not appear again in exactly the same form.
Marks & Spencer, which launched the legal case against Aldi about a year ago, said: “The claim was intended to protect [intellectual property] In the Colin the Caterpillar cake, and we are very pleased with the result.”
Aldi, who got into another legal row with M&S over the Christmas light gin, indicated that Cuthbert, which appeared as a soft toy in its stores over Christmas and as a cake last spring, would be back.
“Coming out early on good behavior, stay tuned for Cuthy B this spring,” the opponent said in a tweet titled #freecuthbert.
An Aldi spokesperson added: “Cuthbert is free and looks forward to seeing all of his fans again very soon!”
Colin Caterpillar, whose name has surfaced on social media in recent weeks as a potential participant in the Downing Street closing birthday events, made his debut in 1990. M&S has three brands related to Caterpillar cake, including the words “Colin the Caterpillar and packaging.”
With over 15 million cakes sold under his belt, he is one of M&S’ major food brands along with Percy Page. He is also known for his charitable work, thanks to his relationship with the cancer charity Macmillan.
His fame led to a number of brand extensions, including girlfriend (cake) Connie.
But the popularity has also led to many similar caterpillar-based sweets popping up at competing retailers. Tesco has Curly, Asda has Clyde, In Waitrose it’s Cecil and Sainsbury turning over a new leaf with Wiggles. Only Cuthbert seemed to have crossed the line calling for legal action from Marks and Spencer.
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