Mondelēz International, owner of the Toblerone brand, has initiated legal proceedings against a small British vegan chocolate company, Catherine's Originals, alleging that the latter’s chocolate bar design infringes on Toblerone’s distinctive shape. The dispute centers around Catherine’s Originals’ O'bar, which features segments with rounded semi-oval humps resembling Toblerone’s iconic triangular peaks.
The case was filed in the High Court in London, with Mondelēz claiming trademark infringement and “passing off.” Catherine’s Originals, founded in 2021 by teenager Catherine Dodd, produces its chocolate in Walberton, Sussex. Its 200-gram bars are priced significantly higher than a standard Toblerone, costing between £9.20 and £10.55 depending on the variety, compared to approximately £2.50 for a typical milk chocolate Toblerone.
Dodd emphasized that the O'bar’s shape was intentionally crafted to represent an “O” for Originals, asserting the company’s commitment to their product’s identity. She expressed concern about the legal challenge, describing it as intimidating for a small business but underscored the determination to defend their creation. Catherine’s Originals’ legal adviser, Stephen Lowry of Brandsmiths, also stressed that the O'bar carries a unique design and identity, and indicated the matter would be resolved through proper legal channels.
Mondelēz International highlighted the long-standing recognition of Toblerone’s triangular shape, which has been central to the brand since 1929. The company stated a responsibility to protect its trademarks and intellectual property and pointed out that it had sought to reach a resolution directly with Catherine’s Originals over several months but was unsuccessful. Due to ongoing legal proceedings, Mondelēz declined further comment.
This case echoes a previous incident in 2017 when Mondelēz legally challenged Poundland over its Twin Peaks chocolate bar, which featured two humps reminiscent of Toblerone’s peaks. Following the warning, Poundland altered the bar’s shape and packaging before relaunching the product, which remains available.
Separately, Toblerone adjusted its own packaging last year, removing the image of the Matterhorn mountain after shifting some production outside Switzerland. The change was required to comply with regulations governing the use of Swiss national symbols in product marketing.
The current legal dispute highlights the challenges faced by smaller confectionery producers in navigating trademark protections exercised by major brands.
