Marks & Spencer has reached an agreement with discounter Aldi over its Colin the Caterpillar cake lawsuit, which accuses the discount grocer of copying its designs.

In April last year, M&S started legal action against the discount retailer accusing it it of infringing its trademark for its Cuthbert the Caterpillar cake.

However, deputy master Timothy John Bowles signed off an agreement in a consent order filed on Thursday (27 January 2022) at the High Court, resolving the case which has been settled in a “confidential agreement” by the grocers on 5 November.

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A M&S spokesperson told Retail Gazette: “The objective of the claim was to protect the IP [intellectual property] in our Colin the Caterpillar cake, and we are very pleased with the outcome.”

In April, M&S argued that that the similarity of the discount grocer’s product leads consumers to believe they are of the same standard and “ride on the coat-tails” of M&S’s reputation with the product.

However, in its defence that the original idea for a novelty kids caterpillar cake did not originate from the grocer.

M&S is represented by Dentons UK and Middle East LLP, whereas Aldi is represented by Michael Edenborough QC and Thomas Elias of Serle Court Chambers, instructed by Freeths LLP.

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