The legal battle between Colin the caterpillar and Cuthbert the look-alike cake creature was one of the great celebrity courtroom dramas of the pre-Wagatha Christie era and it was feared the row could lead to banishment forever by Cuthbert from the shelves of Aldi.
But the cheeky moon-faced larva is back, with even more attitude than before, with Aldi announcing Cuthbert cakes will be on sale in its stores again from Monday.
The ‘humble’ cake was making a comeback following the Queen’s Platinum Jubilee celebrations to ‘avoid distracting Her Majesty’, the retailer joked.
The copycat cake made headlines last year after Marks & Spencer took legal action against Aldi to ‘protect’ Colin from Cuthbert who, for a small fee, impersonated Colin on the circuit festivals. With candies decorating their hard chocolate shells and a smile on their white chocolate faces, it’s hard to tell the caterpillars apart.
At the time, M&S argued that the similarities meant consumers believed they were on the same level, allowing the cheapest rival – at the time Cuthbert was £5 and Colin £7 – to ” ride on the tail” of M&S’s reputation for high quality food.
Colin the Caterpillar, which was recently trending on social media after being linked to Downing Street birthday events, made its debut in 1990. M&S has three trademarks linked to its caterpillar cake, including the words ” Colin the Caterpillar” and packaging.
A truce was agreed in the High Court earlier this year and although details of the deal have not been revealed, both retailers have said they are happy. At the time, M&S said: “The purpose of the claim was to protect the [intellectual property] in our Colin the caterpillar cake and we are very satisfied with the result.
But Aldi was also optimistic saying: “Cuthbert is free and can’t wait to see all his fans again very soon!”
He also tweeted #freecuthbert: “Get out early on good behavior, keep an eye out for Cuthy B this spring.”
Prior to Cuthbert’s return, there was an attempt to reach out for friendship, with Colin described as Chenille Cake’s “new best friend”. However, the discounter also put cheeky advertisements on vans parked near M&S stores with pictures of Cuthbert on them that advertise “Aisle be back” and “Made by bakers.” Approved by Lawyers”. Cuthbert is now £3 cheaper than Colin, whose price has dropped to £8.
Cuthbert isn’t the only Colin impersonator in town. A veritable army of caterpillars are on sale in supermarkets, including Curly in Tesco, Clyde in Asda, Cecil in Waitrose and Wiggles in Sainsbury’s.