Toblerone owner sues British vegan chocolate brand over shape

Summarised from 3 outlets · Updated 30 Oct, 13:08 · Archive

Mondelēz, owner of Toblerone, has sued Catherine's Originals over its O'bar chocolate, claiming trademark infringement and passing off.

Mondelēz International has filed papers at the high court in London accusing Catherine's Originals of trademark infringement and passing off regarding its O'bar chocolate bar. The O'bar is structured as a length of chocolate divided into segments, each with a rounded semi-oval hump on top. Catherine's Originals, founded in 2021 by Catherine Dodd, manufactures its chocolate in Walberton, West Sussex and sells through markets, online and by subscription.

The O'bar retails at £9.20 for milk or plain varieties, rising to £10.55 for flavours including pumpkin spice and cinnamon swirl, compared to a standard Toblerone which costs £2.50. Mondelēz claims the iconic Toblerone shape, featuring pyramidal segments, is one of the most recognised and distinctive product designs, a hallmark of the brand since 1929.

Catherine Dodd, now 24, strongly denies the allegations. She stated that the shape of her bars reflects the 'O' for Originals and said the business has no commercial affiliation with Toblerone or Mondelēz. '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.'

Dodd described the lawsuit as 'frightening' for a small business and accused Mondelēz of corporate bullying. 'From where I'm standing, the pressure feels like being bullied into submission,' she said. 'Being smaller should not mean being afraid to defend what you've built.' The brand's legal adviser, Stephen Lowry at Brandsmiths, stated that the client considers the O'bar to have its own distinctive design and identity.

The case has been filed at the high court in London, where it will be heard. No date for proceedings has been announced.

How it is being reported

• Toblerone sues British chocolate maker for 'copying' their famous shapeMondelez International has accused the vegan company Catherine's Originals of 'passing off' and trademark infringement with its O'bar range.Daily Mail · 30 Oct, 12:54
• Luxury UK chocolate bar brand sued by TobleroneSmall business’s owner says lawsuit ‘frightening’ and strongly denied the claimsThe Independent · 29 Oct, 11:15
• Toblerone owner sues British vegan chocolate brand over chunky shapeCatherine’s Originals denies Mondelēz claims in London high court of ‘passing off’ and trademark infringement 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. Continue reading...Guardian Business · 29 Oct, 07:00

In this story: Mondelēz International · Catherine's Originals · Toblerone · Catherine Dodd · Walberton · Sussex · London

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