Cuthbert the Caterpillar is more than just a cake, it became the face of one of the most famous retail brand battles in UK history. When Aldi’s Cuthbert appeared to mimic M&S’s iconic Colin the Caterpillar, it sparked a viral legal dispute that redefined how supermarket brands use humour, social media, and law to defend their products and marketing. Here’s what really happened, and why it matters.
Key Takeaways
- Aldi’s Cuthbert became the centre of a viral legal battle with M&S’s Colin the Caterpillar
- A confidential settlement was reached in 2022 following claims of trademark infringement
- Aldi turned the lawsuit into a brilliant marketing opportunity with widespread public support
- The redesigned Cuthbert returned with even greater popularity and cultural impact
What Is Cuthbert the Caterpillar and Why Is It So Popular?
Cuthbert the Caterpillar is Aldi’s much-loved chocolate sponge cake, known for its fun design, creamy filling, and accessible price point. Introduced in 2019, it quickly earned a place on UK celebration tables, especially for children’s birthdays.
Cuthbert features a chocolate-coated sponge with a sweet buttercream filling, decorated with colourful chocolate buttons and a cheerful white chocolate face. Retailing for just £6.99 at 625g, it offers a lower-cost alternative to premium supermarket cakes while maintaining good flavour and presentation.
Its playful design and familiar look made it an instant favourite, especially among families looking for festive, budget-friendly treats. While Colin the Caterpillar had long been the market leader, Cuthbert provided a strong challenger with charm and value, prompting many customers to make the switch.
Cuthbert’s rise in popularity was not just about taste or price. His fame grew significantly during the legal dispute with M&S, turning a humble cake into a cultural icon in British supermarket history.
Why Did M&S Sue Aldi Over Cuthbert the Caterpillar?
The legal row that erupted between Marks & Spencer and Aldi in 2021 caught the attention of the nation and quickly became one of the most talked-about brand conflicts in recent retail memory.
M&S initiated the proceedings, claiming Aldi’s Cuthbert the Caterpillar cake was infringing on its intellectual property, specifically the branding of their Colin the Caterpillar cake, a product they had sold for decades.
Overview of the 2021 Trademark Claim
In April 2021, Marks & Spencer filed an official claim with the High Court, stating that Aldi’s Cuthbert had breached trademarks associated with Colin the Caterpillar. The legal move came after Cuthbert had gained traction as a popular birthday cake alternative, echoing Colin’s style.
Key Issues: Name, Packaging, Design Similarities
M&S highlighted various aspects where Cuthbert allegedly mirrored Colin too closely.
These included:
- The caterpillar name format (Cuthbert vs Colin)
- Nearly identical cake shape and face design
- Use of colourful chocolate candies on top
- Packaging that mimicked Colin’s presentation style
Although multiple supermarkets offered caterpillar-style cakes, M&S argued that Aldi’s was “too close for comfort” and risked confusing customers.
M&S’s Argument on IP Infringement
The core of M&S’s case centred around Aldi allegedly benefiting from Colin’s established brand reputation. According to M&S, Aldi’s product used a similar look and name to take advantage of the goodwill M&S had developed over decades.
They cited multiple UK trademark registrations, including one from 2020 (UK Trademark 3509740), as protection for Colin’s design, branding, and even packaging.
How Colin’s Branding Was Legally Protected
Colin the Caterpillar wasn’t just a cake, he was a character. M&S had invested years of brand-building through themed spin-offs like Connie the Caterpillar, seasonal variants, and charity partnerships such as Macmillan Cancer Support.
By leveraging trademarks around Colin’s name, appearance, and packaging, M&S believed their case against Aldi was solid.
They sought to establish that the resemblance led to brand dilution and customer confusion, which, if proven, would amount to unfair competition. M&S felt Aldi had crossed a line others had not, and took action to protect what they considered a flagship product.
What Was the Outcome of the Caterpillar Cake Legal Battle?
After months of legal wrangling and significant media coverage, Aldi and M&S reached a confidential settlement in 2022. The specifics of the agreement were not made public, but the High Court allowed the legal claim to be formally withdrawn.
While M&S stated they were pleased with the outcome, Aldi cheekily announced on social media that “Cuthbert is free.”
Following the settlement, Aldi brought Cuthbert back to shelves, slightly redesigned, now with a signature bowtie and sometimes without the full “the Caterpillar” label to differentiate from Colin.
This outcome not only resolved the legal tensions but also allowed both brands to move forward, with Cuthbert now fully re-established as a standalone character in Aldi’s bakery lineup.
The case became a landmark moment in British retail, showing how brand rivalry can evolve into public entertainment while raising real legal issues.
How Did Aldi Use the Legal Dispute to Boost Cuthbert’s Popularity?
Rather than respond to the lawsuit with silence or purely legal tactics, Aldi turned the situation into a high-profile branding opportunity. Their clever approach gained widespread attention and admiration, positioning Aldi as cheeky, clever, and customer-focused.
Aldi’s Viral Marketing Tactics
When news of the lawsuit broke, Aldi’s marketing team wasted no time. Using Twitter as their primary platform, they launched a humour-filled campaign featuring clever graphics, jokes, and memes that referenced the legal battle.
Social Media Humour and Pr Stunts (E.g. Skydiving Cuthbert, Billboard Trucks)
Some of Aldi’s most memorable stunts included:
- Posting images of Cuthbert behind bars, with captions like “Free Cuthbert”
- Skydiving with a Cuthbert cake to raise money for charity, turning the dispute into a positive PR move
- Deploying billboard trucks outside M&S stores in major cities (Manchester, Liverpool, London) with messages like “Made by bakers, approved by lawyers”
“Made by Bakers, Approved by Lawyers” – Smart Slogan Use
This slogan, introduced during the post-settlement marketing push, was a masterstroke. It acknowledged the lawsuit in a tongue-in-cheek way while reassuring customers that Cuthbert was now legally safe to enjoy again.
How Public Perception Favoured Aldi?
Public reaction overwhelmingly leaned in Aldi’s favour. The social media buzz turned Cuthbert into a household name and framed M&S as the corporate giant picking on a more playful rival. The #FreeCuthbert hashtag trended across the UK, earning Aldi support from both consumers and the media.
Ultimately, Aldi won the publicity war even if the legal case ended in a truce. Cuthbert was no longer just a cake, he was a symbol of resilience and clever branding.
Is Cuthbert Different Now? What Changed After the Lawsuit?
After the legal dispute concluded, Aldi made several changes to the presentation of Cuthbert the Caterpillar to prevent future conflicts. The most obvious was his updated appearance.
Cuthbert returned sporting a bowtie and a slightly reworked chocolate face to make him stand out from Colin. In some versions, the name was shortened to just “Cuthbert” without the “the Caterpillar” suffix, helping distinguish it from M&S’s branding.
Packaging also saw subtle revisions, with a cleaner design and less visual similarity to Colin’s box. Beyond aesthetics, Aldi also used the new version of Cuthbert in charity editions, contributing to organisations like Macmillan Cancer Support and Teenage Cancer Trust.
Despite the tweaks, Cuthbert retained his charm and customer appeal. The changes satisfied legal concerns while giving the character a refreshed identity, proving that a redesign doesn’t have to mean losing what made the original so popular.
How Does Cuthbert Compare to Colin and Other Supermarket Caterpillar Cakes?
When it comes to supermarket caterpillar cakes, most UK retailers now offer their own versions, but Cuthbert and Colin remain the most talked about. Cuthbert is known for being the budget-friendly option without sacrificing too much on taste. Priced at £6.99 for 625g, it undercuts Colin’s £8.50 price tag while offering similar quality.
In taste tests conducted by food sites like GoodTo, Aldi’s Cuthbert often came out as a surprising favourite, beating premium options in flavour and sponge texture. While Colin has the legacy and a slightly more refined finish, Cuthbert wins on value and fun marketing.
The rivalry also extends to supermarket branding. Other characters include Curly (Tesco), Clyde (Asda), Wiggles (Sainsbury’s), Cecil (Waitrose), and Morris (Morrisons), but none have achieved the fame or legal attention of Cuthbert and Colin. In the end, Aldi’s offering stood tall among them, thanks to the controversy that propelled it into the spotlight.
Caterpillar Cake Comparison
UK supermarkets now boast a colourful array of caterpillar cakes, each with its own unique twist. However, the comparison still circles back to the iconic Cuthbert vs Colin dynamic.
| Cake Name | Retailer | Price | Weight | Taste Rating | Special Notes |
|---|---|---|---|---|---|
| Cuthbert | Aldi | £6.99 | 625g | 4.5/5 | Budget-friendly, charity editions, bowtie design |
| Colin | M&S | £8.50 | 625g | 4.7/5 | Original, premium, charity-linked, brand legacy |
| Curly | Tesco | £6.00 | 625g | 4.2/5 | Simple design, family appeal |
| Clyde | Asda | £6.00 | 625g | 4.0/5 | Colourful, slightly sweeter |
| Wiggles | Sainsbury’s | £6.50 | 625g | 4.1/5 | Soft sponge, kid-friendly |
| Morris | Morrisons | £6.00 | 625g | 4.0/5 | Rich chocolate topping |
| Cecil | Waitrose | £7.50 | 625g | 4.3/5 | High-end, elegant packaging |
Cuthbert continues to lead in value, while Colin maintains the prestige of being the original caterpillar cake. Other supermarket versions follow with decent alternatives but haven’t stirred quite the same buzz.
What Can Brands Learn from the Cuthbert vs Colin Cake War?
The clash between M&S and Aldi offers several takeaways for marketers and brand managers navigating competitive retail environments. It showed how legal strategy, social media, and branding collide, and how the public plays a central role in shaping brand perception.
Key lessons include:
- Own your branding clearly: M&S’s trademarks were valid, but ambiguity allowed Aldi to get close. Solid IP protection is essential.
- Stay agile in PR: Aldi’s reactive marketing won public favour and positioned them as underdogs.
- Turn challenges into campaigns: By spinning the lawsuit into a positive narrative, Aldi built more brand equity than the cake could have achieved on its own.
- Public humour works: Playful engagement resonated with the UK audience, especially on platforms like Twitter.
What began as a legal headache ended as one of Aldi’s most successful brand moments, offering a blueprint in turning criticism into connection.
Conclusion
Cuthbert the Caterpillar may have started as a simple birthday cake, but he became a retail legend. Aldi’s clever marketing and resilience through a high-profile legal dispute turned Cuthbert into more than a dessert, he became a cultural icon.
With humour, social media brilliance, and a willingness to adapt, Aldi not only saved Cuthbert but redefined how brands can fight back with personality. For UK consumers, the result was more than a cake war. It was a sweet lesson in brand storytelling.
FAQs
Who created Cuthbert the Caterpillar?
Aldi introduced Cuthbert in 2019 as a rival to M&S’s Colin the Caterpillar cake.
Why was there a lawsuit involving Cuthbert the Caterpillar?
M&S claimed Cuthbert infringed on their Colin the Caterpillar trademarks in name, design, and packaging.
What was the FreeCuthbert campaign?
Aldi used the hashtag to launch a viral social media campaign, mocking the legal action and gaining public support.
Is Cuthbert still available at Aldi?
Yes, Cuthbert is back on shelves with a new look and often appears in seasonal or charity editions.
How is Cuthbert different from Colin?
Cuthbert is more budget-friendly and features design changes like a bowtie, while Colin retains his original premium branding.
Did Aldi win the legal case?
The case ended with a confidential settlement in 2022, and both parties agreed to withdraw the claim without disclosing details.
What other caterpillar cakes exist in the UK?
Tesco’s Curly, Asda’s Clyde, Sainsbury’s Wiggles, and Waitrose’s Cecil are among the other supermarket caterpillar cakes.
