Toblerone sues British chocolate model over chunky form in newest retailer copycat row

Toblerone proprietor Mondelēz International is suing impartial British chocolate maker Catherine’s Originals, alleging that the form of its O’bar infringes the corporate’s trademark rights.

The confectionery group has introduced claims of trademark infringement and passing off in opposition to the Sussex-based enterprise, which disputes the allegations.

Catherine’s Originals’ vegan O’bar contains a row of dome-shaped segments on a skinny chocolate base. Priced at £9.20, it’s out there in plant-based milk-style and white chocolate varieties. The firm was based in 2021 by Catherine Dodd, who was 18 on the time. In a weblog publish, the enterprise stated it “strongly” disagreed with the claims and was working with its authorized crew to defend its place.

“Catherine’s Originals is an independent business with no commercial affiliation with Toblerone or Mondelēz, and we do not believe O’bar infringes the trade mark rights being asserted against it in the slightest,” it stated. Mondelēz stated the dispute involved defending a particular design related to the Toblerone model.

“The iconic Toblerone shape is one of the most recognised and distinctive product designs in the UK and across the world, and has been a hallmark of the brand since 1929,” a spokesperson informed The Sun. “We have a responsibility to protect our trademarks and intellectual property, which we take seriously.” The firm stated it had held discussions with Catherine’s Originals for a number of months earlier than taking authorized motion.

“We have attempted to resolve this matter constructively and directly with Catherine’s Originals over several months but unfortunately have been unable to reach an agreement. We cannot comment further on ongoing legal matters,” the spokesperson added.

The case follows an earlier dispute between Mondelēz and Poundland over the low cost retailer’s Twin Peaks chocolate bar. In 2017, Mondelēz challenged that product’s design, alleging similarities to Toblerone. Poundland subsequently modified the bar’s design following a three-month authorized dispute.

Twin Peaks has remained on sale because the redesign. The claims involving Catherine’s Originals stay unresolved, with the corporate sustaining that its product doesn’t infringe Toblerone’s trademark rights.