The owner of Toblerone has sued a British vegan chocolate brand, claiming that it copied the Swiss chocolate bar’s iconic chunky shape. Mondelēz International has launched legal action against Catherine’s Originals for alleged trademark infringement.
Toblerone vs Catherine’s Originals
Toblerone is owned by Mondelēz International, the American multinational food company that also owns Cadbury, Oreo and Milka.
Toblerone has a distinctive triangular shape. The chocolate bar consists of a series of connected triangular peaks, resembling a row of mountain summits. Its design is inspired by the Swiss Alps, particularly the Matterhorn mountain.
(Also read: Chocolate brand Toblerone to stop using the iconic swiss mountain logo. Here's why)
On the other hand, the vegan O’bar is a chunky chocolate bar divided into curved, rounded segments.
Founded in 2021 by Catherine Dodd when she was still a teenager, Catherine’s Originals makes its chocolates in Walberton, Sussex, England, and sells them at markets, online and through subscriptions, according to The Guardian.
The lawsuit
Mondelēz has filed a case at the High Court in London, accusing Catherine’s Originals of “passing off” and trademark infringement over its O’bar chocolate.
{{/usCountry}}Mondelēz has filed a case at the High Court in London, accusing Catherine’s Originals of “passing off” and trademark infringement over its O’bar chocolate.
{{/usCountry}}“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,” Mondelēz was quoted as saying by The Guardian.
“We have a responsibility to protect our trademarks and intellectual property, which we take seriously. 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.”
(Also read: Man finds bear in Toblerone logo with help of AI after eating it for 30 years)
“No one likes a bully”
Catherine Dodd addressed the lawsuit in a post shared on the Catherine’s Originals website on October 26. The post was titled “No one likes a bully.”
“We’re facing a legal claim from Kraft Foods Schweiz Holding GmbH, part of the Mondelēz group behind Toblerone, concerning our O’bar,” Dodd said.
She said her company strongly disagrees with Kraft’s claims of trademark infringement, passing off and misleading consumers into believing O’bar is commercially associated with Toblerone, and is ready to defend its stance.
Dodd maintained that Catherine’s Originals has no commercial affiliation with Toblerone or Mondelēz and does not believe O’bar infringes their trademark rights.
The owner of Catherine’s Originals described the pressure as being bullied into submission, while arguing that small businesses should be able to defend their creations against claims they believe are unjustified.
“It’s frightening. From where I’m standing, the pressure feels like being bullied into submission,” she wrote.