Mondelēz Sues a Small British Vegan Chocolate Brand Over the Toblerone Shape

Mondelēz International has taken a small British vegan chocolate maker to court over the shape of a bar. The company alleges that Catherine’s Originals’ O’bar infringes the trademark on Toblerone’s shape. Catherine’s Originals rejects the claim and plans to defend it.

TLDR

• Papers were filed in the High Court of England and Wales on Oct. 15 by Kraft Foods Schweiz Holding GmbH, a Mondelēz subsidiary.
• The claim alleges trademark infringement and passing off. Passing off means presenting goods in a way that could lead buyers to link them with another brand.
• Founder Catherine Dodd says the shape reflects the O in Originals, and that the company has no commercial affiliation with Toblerone or Mondelēz.
• The allegations have not been tested in court, and no judgment has been issued.

The Claim

The dispute centers on the O’bar, a length of chocolate divided into segments with rounded, semi-oval humps. Mondelēz argues the bar could lead consumers to assume the two brands are commercially linked, Confectionery News reported.

Mondelēz said in a statement that the Toblerone shape has been a hallmark of the brand since 1929. The company said it tried to resolve the matter directly over several months without reaching an agreement. FoodBev reported that the bar’s prism shape has been protected by a U.K. trademark since 1994.

The Response

Catherine Dodd founded Catherine’s Originals in 2021 as a teenager, The Guardian reported, in a story carried by the Irish Examiner. The company makes its chocolate in Sussex, England. It sells through markets, online and by subscription.

Dodd said she strongly disagrees with the claim and is working with lawyers on a defense. Stephen Lowry of the law firm Brandsmiths, the company’s legal adviser, said the O’bar has its own distinctive design and identity.

The products also sit at different prices. A 200-gram O’bar starts at 9.20 pounds, while a 200-gram Toblerone typically retails at around 4.20 pounds, FoodBev reported.

The Earlier Fight

Toblerone’s shape has been in dispute before. In 2017, Poundland delayed its Twin Peaks bar after a legal warning from Mondelēz. The bar launched after Poundland changed its shape and packaging color, The Guardian reported.

Why It Matters

It is rare for a brand owner to sue over a product’s shape, Laurie Bray told FoodBev. She is a trademark attorney at Withers & Rogers. She said it could be hard for Mondelēz to prove the bars are similar enough to confuse customers, even with a registration in place.

FoodBev also noted that Mondelēz sued Aldi in Illinois last year over packaging designs for brands including Oreo and Belvita. Confectionery News said the Toblerone case highlights the value of distinctive product shapes, which can become some of a company’s most valuable intellectual property.

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Sources: Confectionery News; The Guardian, via Irish Examiner; FoodBev.