Aldi caterpillar advert: what happens in new 2023 Cuthbert cake advert, is Colin the Caterpillar in it - watch

Aldi has recalled its infamous legal battle with M&S in a new advert for its Cuthbert the Caterpillar cake.

The food feud began in April 2021, when M&S initiated legal action against Aldi, alleging that Aldi’s Cuthbert the Caterpillar cake infringed on the trademark of M&S’s Colin the Caterpillar cake.

M&S claimed that the similarities between the two cakes were likely to cause confusion among consumers and argued that Aldi’s use of a similar design and packaging was an infringement of M&S’s intellectual property rights.

The legal battle between the two companies garnered significant media attention and prompted other supermarkets to launch their own caterpillar cakes in support of the legal action.

The case went to court in July 2021, with a judge ruling in favour of M&S and stating that Aldi’s Cuthbert cake did infringe on M&S’s Colin trademark. Aldi was subsequently ordered to stop selling the Cuthbert cake, but a month later, Cuthbert returned to the market, albeit with a few minor facial changes.

So what happens in the advert? Here is everything you need to know about it.

What happens in the advert?

In the new advert, a group of caterpillars have gathered for a celebration, and know the ideal cake for the event. One of the friends comments, “We like this chocolate caterpillar cake, don’t we Wiggles?” as the others help themselves. A label pops up next to the cake which reads "M&S £8.50.”

His friend agrees, saying, "We do Cuthbert." "And we like this one, don’t we Morris?" Cuthbert continues as a second label appears reading "Aldi £4.99." But things don’t end there, and the crux of the hilarious ad comes when a second caterpillar quickly approaches to alert the group of a new arrival moments later - Colin the Caterpillar.

"Alright Cuthbert," he says, tersely. The nervous Cuthbert replies with a firm “Colin.” One of their friends steps in at that point hoping to diffuse the tense situation. Things spill over into physicality, but not until a large message pops up on screen reading, “Aldi. Like M&S. Only cheaper. (On cakes that look like caterpillars)."

The action then returns to the caterpillars, who are shoving and pushing each other while engaged in a fight. They can be seen grabbing hold of one another, scrapping and yelling. Although not a particularly high concept, the advert is amusing.

The legal battle between Aldi and M&S has sparked a wider debate about the use of trademarks and intellectual property in the food industry, and has highlighted the importance of brand recognition and protection.

M&S launched its Colin the Caterpillar cake in 1990, and it quickly became one of the company’s most popular products. The cake is made of chocolate sponge with a chocolate coating and is decorated with white chocolate feet and a smiling face.

Aldi launched its Cuthbert the Caterpillar cake in 2019, which similarly quickly became a popular product for the supermarket chain. The cake is similar in appearance to M&S’s Colin cake, but has a different design and packaging.

What else has Aldi said?

The recent announcement by M&S that they would be releasing a "Coronation Colin" cake in advance of King Charles’ 6 May date served as yet another opportunity for Aldi to make light-hearted fun of the retailer.

An M&S spokesperson said: “To celebrate the coronation of Their Majesties King Charles III and Queen Camilla, we’re so excited to share our limited-edition Coronation Colin. Who’s going to be grabbing one of these ahead of the bank holiday weekend?”

This version of Colin differs from the original in that he wears a yellow chocolate crown on his head. Aldi posted on its Twitter page, joking: “Cancel the crowns CANCEL THE CROWNS”.