The Cuthbert vs Colin Cake Dispute Explained
The dispute between Aldi and Marks & Spencer over their caterpillar cakes became one of the most widely discussed brand conflicts in the UK. What began as a comparison between two similar products developed into a legal case, a public debate, and a notable marketing moment.
Below is a clear and structured explanation of what occurred and why it remains significant.
What Is Cuthbert the Caterpillar?
Cuthbert the Caterpillar is a chocolate sponge roll cake sold by Aldi. It is coated in chocolate, filled with buttercream, and decorated to resemble a caterpillar. The product was introduced in 2019 and quickly became popular for birthday celebrations and family gatherings.
Colin the Caterpillar, sold by Marks & Spencer, had already established a strong presence in the market over many years. As a result, comparisons were made when Cuthbert appeared on shelves.
Cuthbert was priced at £6.99 for 625g, making it a more affordable alternative to Colin. Its lower price point, combined with its appealing design and taste, contributed to its rapid success.
Why Did Marks & Spencer Take Legal Action?
In 2021, Marks & Spencer initiated legal proceedings against Aldi in the High Court.
Marks & Spencer alleged that Cuthbert’s design and branding were too similar to Colin’s and constituted trademark infringement. The company identified several points of similarity:
- Comparable caterpillar-themed names
- A similar cake shape and facial design
- Chocolate sweets placed along the body
- Packaging with a similar presentation style
Marks & Spencer argued that Colin’s name, design, and packaging were protected under UK trademark law and that Aldi’s product could cause consumer confusion.
The Outcome of the Case
After months of legal proceedings and public attention, the dispute concluded in 2022 with a confidential settlement. The specific terms were not disclosed, and the civil claim was formally withdrawn.
Following the settlement, Aldi reintroduced Cuthbert with certain modifications:
- The addition of a bowtie
- Minor changes to the facial design
- Adjustments to packaging
- In some cases, use of the shortened name “Cuthbert”
These changes were intended to create clearer differentiation between the two products.
Aldi’s Marketing Response
Rather than limiting its response to legal arguments, Aldi adopted a public relations strategy through social media. The company launched the hashtag #FreeCuthbert and shared humorous content referencing the case.
This campaign included:
- Lighthearted imagery suggesting Cuthbert was “imprisoned”
- Public billboards referencing the dispute
- Charity-related promotional activities
- The slogan “Baked by bakers, approved by lawyers”
The campaign received significant public engagement. Many consumers viewed Aldi as responding with wit and confidence, which strengthened its brand image during the dispute.
Comparison With Other Supermarket Caterpillar Cakes
While Cuthbert and Colin remain the most recognised caterpillar cakes, other UK supermarkets also offer similar products:
- Tesco produces Curly
- Asda produces Clyde
- Sainsbury’s produces Wiggles
- Waitrose produces Cecil
- Morrisons produces Morris
However, none generated the same level of legal attention or public interest as the Aldi and Marks & Spencer dispute.
Key Business Lessons
The case offers several important insights for businesses:
- Intellectual property protection is essential for established brands.
- Legal disputes can significantly influence public perception.
- Strategic and timely communication can shape consumer support.
- Brand personality can play a powerful role during controversy.
The dispute demonstrated how legal action, branding, and social media engagement intersect in modern retail competition.
Conclusion
Cuthbert the Caterpillar began as a competitively priced celebration cake but became a central figure in a widely discussed trademark dispute. The case highlighted the importance of intellectual property rights while also illustrating how public engagement and strategic communication can shape brand reputation.
What began as a product comparison ultimately became a defining moment in contemporary British retail marketing.
Frequently Asked Questions
Who introduced Cuthbert the Caterpillar?
Aldi launched Cuthbert in 2019.
Why was legal action taken?
Marks & Spencer claimed that Cuthbert infringed on trademarks associated with Colin the Caterpillar.
What was #FreeCuthbert?
Aldi’s social media campaign responding to the legal case.
Is Cuthbert still available?
Yes, the product returned to stores following design modifications.
Was there a court ruling?
The case concluded with a confidential settlement in 2022.
Are there other caterpillar cakes in the UK?
Yes, several major supermarkets sell their own versions.
