Aldi offers M&S peace gesture amid Colin the Caterpillar dispute

‘It’s been a tricky year for everyone so we didn’t want to end it on a sour note,’ says Aldi

Wednesday 22 December 2021 11:39

Aldi has extended an olive branch to Marks & Spencer amid ongoing disputes regarding the companies’ rival caterpillar cakes.

In April M&S took legal action against Aldi in an effort to protect its Colin the Caterpillar cake with a claim that Aldi’s Cuthbert the Caterpillar product infringed its trademark.

M&S, which lodged an intellectual property claim with the High Court, argued the similarity of Aldi’s product led consumers to believe they were of the same standard and “ride on the coat-tails” of M&S’s reputation with the product.

Ever since, Aldi has taken the opportunity to poke fun at the conflict in its marketing, making numerous light-hearted comments about it on social media and even making a reference in its Christmas advert.

Now, the supermarket has gone one step further by unveiling a 10ft mistletoe structure outside its Skegness store, which is located right next to an M&S, with an invitation to “kiss and make up” written on it.

“The Skegness Aldi team created the gesture, featuring over 100 mistletoe plants, and an offer to join the team in neutral ground between the stores for a Christmas carol and one of Aldi’s award-winning mince pies,” Aldi said in a press release.

The move follows the latest dispute between the two supermarkets over two similar gin products.

Last week, M&S filed court papers which say that Aldi’s gold flake blackberry and clementine gin liqueurs are “strikingly similar” to the Light Up gin it sold last Christmas and for which it holds a registered design.

It is seeking a High Court injunction restraining Aldi from further alleged infringement of its protected designs, an order for Aldi to destroy or hand over anything constituting a potential breach of the injunction and an inquiry into damages arising from the alleged infringement.

Following the claim, Aldi tweeted: “We’re... GINNOCENT #Round2 #FreeCuthbert.”

Skegness Aldi Store Manager, Ryan Rushen, said of its olive branch: “It’s been a tricky year for everyone so we didn’t want to end it on a sour note with our neighbours. 

“Hopefully, our little gesture will show that there are no hard feelings from our side, and to have a good Christmas, you need to be kind. We are yet to hear back from them however.”

The Independent has contacted M&S for comment.

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