Cuthbert is BACK as M&S and Aldi reach deal over Colin the Caterpillar cake

MARKS & Spencer has called a truce with Aldi over Colin the Caterpillar cake.

The posh supermarket and discount chain were locked in a legal battle after Aldi started selling a cake called Cuthbert the Caterpillar which looked similar to the M&S creation. 

They reached a confidential agreement out of court on November 5, it has now emerged.

The companies have not disclosed the terms of the settlement - but both cakes will still be sold. 

An Aldi spokesperson said: “Cuthbert is free and looking forward to seeing all his fans again very soon!”

An M&S spokesperson said: “The objective of the claim was to protect the IP in our Colin the Caterpillar cake and we are very pleased with the outcome.”

The high street retailer started selling the famous Colin cake more than 30 years ago and its design has been largely unchanged since 2004. 

The only exception is during seasonal events such as Halloween, Christmas and Easter, when M&;S launches temporary new designs.

Colin is made of chocolate sponge and buttercream, covered in a chocolate shell, and costs £7. 

Aldi launched its copycat Cuthbert cake in 2019 for £4.99. 

M&S took legal action against the discount supermarket last year.

The trademark infringement claim, lodged with the High Court in April 2021, alleged that Aldi benefited from M&S' reputation.

Aldi's Cuthbert cake returned to stores in May last year, with a slight difference.

The popularity of Sparks' original Colin cake has prompted a string of copycats.

Most supermarkets now have their own version, including Waitrose's Cecil, Charlie at the Co-op, and Tesco's Curly cake.