In the world of chocolate caterpillar cakes, the struggle is real. But the good news is that Cuthbert is not only no longer behind bars, but will return to the shelves Monday.
Forget Depp vs Heard, in one of the U.K.’s most entertaining legal cases, German discounter Aldi has announced the return date for its popular Cuthbert the Caterpillar cake after settling a legal battle with rival Marks & Spencer.
Announcing his return in typically cheeky style – after a Twitter campaign to free Cuthbert – Aldi made the announcement outside a branch of M&S this morning, parking a truck with an advert outside a store.
Aldi declared on social media: “Where else would we announce it? #CuthBack.”
And in its official launch it said: “The U.K.’s most famous cake, Cuthbert, today announces his return to Aldi stores on Monday 6th June, with a declaration to new BFF Colin the Caterpillar, outside Marks and Spencer on Edgware Road, London.”
Cuthbert also appeared on billboards at M&S locations in Manchester, Liverpool, Newcastle, Birmingham and London, with messages including ‘Aisle be back’ and ‘Made by bakers. Approved by lawyers.’
Aldi added: “Ever the humble gent, Cuthbert’s comeback happens after the Queen’s Platinum Jubilee weekend, to avoid taking any of the spotlight away from Her Majesty.”
Cuthbert vs Colin
The comeback follows a settlement in February of this year, after Marks & Spencer brought a copyright case against Aldi in April last year, accusing the German discounter of copying the design of its Colin the Caterpillar cake. Both supermarkets confirmed an agreement has been struck but said they could not release details of the “confidential” deal.
But Aldi is not the only one to have aped the popular M&S cake, with Curly (Tesco), Cecil (Waitrose), Clyde (Asda), Charlie (Coop), plus Morris (Morrisons) and Wiggles (Sainsbury’s) showing that it’s not only caterpillars that get hungry.
Reflecting on the legal decision, an M&S spokesman said: “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
Meanwhile, Aldi – which ran social media with Cuthbert behind bars and also reached out to the supermarket caterpillar club for help – said that “Cuthbert is free and looking forward to seeing all his fans again very soon.”
Corgis And Light-Up Gin
M&S and Aldi are also involved in a dispute over allegations the German rival copied an M&S ‘light-up’ gin liqueur . An M&S spokesman added: “Like many other U.K. businesses, large and small, we know the true value and cost of innovation and the enormous time, passion, creativity, energy and attention to detail, that goes into designing, developing and bringing a product to market and building its brand over many years.
“So it is understandable that we want to defend our intellectual property and protect our suppliers – many of them small businesses that have worked with us for decades.”
Cuthbert was withdrawn after the legal claim was first filed at the High Court in April 2021, but Aldi later released a limited edition version in May, with proceeds going to cancer charities.
Colin the Caterpillar has been on sale at M&S since 1990 and more than 15 million have been sold, with M&S expanding Colin – and female version Connie – to a wider range.
To mark this weekend’s Platinum Jubilee for the Queen’s 70th year on the throne, M&S has officially transformed Connie into a queen for the occasion and she comes complete with a trusty chocolate Union-Jack-cape clad corgi companion.
Cuthbert and Colin were unavailable for comment.