// M&S reaches agreement with Aldi after accusing retailer of copying design of its Colin the Caterpillar cake
// Deputy Master Timothy John Bowles signed off an agreement in a consent order filed on Thursday
Marks & Spencer has settled its lawsuit with Aldi over its Colin the Caterpillar cake, after accusing the German discounter of copying its design.
An M&S spokesperson told Retail Gazette: “The objective of the claim was to protect the IP in our Colin the Caterpillar cake and we are very pleased with the outcome.”
Deputy Master Timothy John Bowles signed off an agreement in a consent order filed on Thursday at the High Court, resolving the case.
The order allowed the claim to be withdrawn and said that the warring retail giants had reached a “confidential agreement” on November 5.
M&S said as it announced its lawsuit in April 2021 that it wanted the court to force Aldi to remove its Cuthbert cake from sale and agree not to sell anything that resembles Colin in the future.
Aldi confirmed at the time that it was relaunching a limited edition Cuthbert the Caterpillar cake following the legal dispute.
M&S is represented by Dentons UK and Middle East LLP.
Aldi is represented by Michael Edenborough QC and Thomas Elias of Serle Court Chambers, instructed by Freeths LLP.