Business1 min read

Toblerone owner sues British vegan chocolate brand over chunky shape

By · Via The Guardian Business · Published by Everything Blog

In short

Mondelēz International filed the passing-off lawsuit because it believes the segmented rounded semi-oval humps of the O’bar infringe upon Toblerone's trademark. Catherine's Originals counters that the bar's unique shape represents the letter "O" and points out that its 200g items cost between £9.20 and £10.55, vastly outpricing the mass-market Swiss treat. This marks another aggressive defense of the brand's silhouette, mirroring a 2017 clash that forced budget chain Poundland to delay and redesign its Twin Peaks bar.

Key points

  • Mondelēz International is using the London High Court to strictly defend the chocolate sh…: Mondelēz International is using the London High Court to strictly defend the chocolate shape it has protected since 1929.
  • Catherine’s Originals and its legal counsel plan to mount a formal legal defense to prote…: Catherine’s Originals and its legal counsel plan to mount a formal legal defense to protect the independent business.
  • Direct discussions between the two confectionery businesses lasted several months but fai…: Direct discussions between the two confectionery businesses lasted several months but failed to produce an out-of-court settlement.

Sources checked by our analysis pipeline: 1

The owner of Toblerone is taking legal action against a tiny British vegan chocolate brand which it claims has been copying the Swiss chocolate bar’s famous chunky shape.

Mondelēz has filed papers at the high court in London accusing Catherine’s Original’s of “passing off” and trademark infringement with its O’bar – a length of chocolate divided into segments each with a rounded semi-oval hump.

The 200g bars cost £9.20 for a milk or plain variety, and as much as £10.55 for more exotic flavours such as pumpkin spice or cinnamon swirl. A standard milk chocolate Toblerone can be bought for £2.50.

Catherine’s Originals, founded by the then teenager Catherine Dodd in 2021, makes its chocolate in Walberton in SussexEngland and sells them via markets, online or by subscription.

Dodd said the shape of her bars reflected an O for Originals. “We stand firmly behind the product and identity we’ve created,” she said.

“We strongly disagree with the claim concerning O’bar and are working with our legal team to defend our position. Honestly, it’s fairly frightening for a small business we’ve…

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