Despite not admitting any liability (translated usually means that the alleged copyist stopped proceedings before a judgement in a final court hearing on whether they’re guilty or not!), a settlement was reached between M & S and Aldi UK and the settlement was confidential. (Translated, means an undisclosed figure was paid and the alleged infringer wanted to mitigate any further damage by a joint agreement to protect further damage to their brand).

Dids Macdonald, ACID’s CEO said, “M & S have been the recipient of many look alike challenges by ACID members (as have Aldi UK) so it’s interesting that the challenged have become the challengers and is most interesting to see that the current challenge by a chocolatier seems to have ended positively for M & S and Choc on Choc.  After social media pressure M & S caved in and will now work with the chocolatier. Good for Choc on Choc for shouting, getting action and calling M & S to account.”

M & S said, it was “pleased” with the outcome.

Aldi turned the story on its head with the outcome, saying “Cuthbert the Caterpillar cake was “free” and “looking forward” to seeing his fans.”

An M & S spokesman said, “The M&S spokesman added: “Like many other UK businesses, large and small, we know the true value and cost of innovation and the enormous time, passion, creativity, energy, and attention to detail that goes into designing, developing, and bringing a product to market, and building its brand over many years.”

ACID commented, “Having spent decades of being the challenged in IP issues in ACID member cases being brought against M & S, especially from lone, micro and SME design innovators let’s hope this is true. ACID is more than encouraged by the M & S statement. We will be sending an invitation to M & S to be the first to sign the ACID IP Anti Copying in Design Charter.”