Why Toblerone parent has sued a British vegan chocolate brand
What's the story
Mondelez International, the company behind the iconic Swiss chocolate bar Toblerone, has filed a lawsuit against British vegan chocolate brand Catherine's Originals. The legal action, which was lodged at London's High Court, accuses Catherine's Originals of "passing off" and trademark infringement over its O'bar product. The O'bar is a bar of chocolate segmented into portions with a rounded semi-oval hump, similar to Toblerone's distinctive shape.
Legal defense
Catherine's Originals rejects Mondelez's claims
Catherine's Originals, which was founded by the then teenager Catherine Dodd in 2021, has rejected Mondelez's allegations.
Dodd explained that the shape of her bars represents an 'O' for Originals.
"We strongly disagree with the claim concerning O'bar and are working with our legal team to defend our position," she said.
"Honestly, it's fairly frightening for a small business we've put so much care and hard work into building."
Trademark defense
Mondelez defends action, says it tried to resolve matter
Mondelez International, which also owns Cadbury in the UK and Cote D'Or coffee, defended its action by saying that the Toblerone shape is one of the most recognized product designs globally.
"We have a responsibility to protect our trademarks and intellectual property, which we take seriously," said Mondelez International.
The company added that it had tried to resolve this matter with Catherine's Originals over several months but failed to reach an agreement.
Past cases
Similar dispute in 2017 with Poundland
This isn't the first time Mondelez has had to defend the Toblerone shape.
In 2017, budget chain Poundland had to postpone the launch of its Twin Peaks bar, which had two humps instead of one like Toblerone.
The bar was eventually relaunched after Poundland changed its packaging color and modified the shape of the bar.