Peace has broken out in the dispute between M&S’s Colin and Aldi’s Cuthbert.  Michael Edenborough QC and Thomas Elias, both of Serle Court, assisted Aldi in defending the claim, instructed by Simon Barker and Emma Bacon at Freeths. The claim was for trade mark infringement and passing off relating to the name and packaging of the caterpillar cakes.  Despite what you may have read elsewhere, there was no claim for infringement of copyright.  The settlement terms are confidential, but Aldi’s social media is already promising that Cuthbert will return.