Toblerone owner Mondelez International has sued British vegan chocolate maker Catherine’s Originals over the shape of its O’bar range. The suit, filed at the High Court in London, alleges trademark infringement and unfair representation of products.
The dispute is over the design of the O’bar – a rectangular chocolate bar divided into segments, each ending in a rounded semi-oval shape. According to Mondelez, this design resembles the characteristic peaks of Toblerone and could create the impression of a commercial relationship between the two brands. The allegations have not yet been established by a final court decision.
“The iconic shape of Toblerone is one of the most recognisable and distinctive product designs in the UK and around the world and has been a hallmark of the brand since 1929“, a Mondelez spokesperson told the Daily Mail. He said the company has a responsibility to protect its trademarks and intellectual property.
Mondelez said it had been trying to resolve the dispute directly with Catherine’s Originals for several months, but no agreement had been reached. The company declined to comment further due to the pending legal proceedings.
Small producer denies allegations
Catherine Dodd, who founded the company with Jamie Miller in 2021, rejects Mondelez's claims. In a video posted to Facebook, she said: “This is corporate bullying. We will not allow ourselves to be intimidated.“
Dodd claims that the O’bar “has nothing to do with a triangle“ and that the rounded segments are related to the letter “O“ in the word Originals. She says the shape, colours, flavours and packaging are part of Catherine’s Originals' unique identity.
The company produces vegan, gluten-free and dairy-free chocolates. O’bars start at £9.20 and go up to £10.55. Flavors include pumpkin spice, blood orange, dark ginger, mint, biscuit cheesecake, coconut and cinnamon.
Previous chocolate shape dispute
The case is the latest in a series of disputes involving Mondelez's attempts to protect the design of Toblerone. In 2017, the company took issue with British chain Poundland's Twin Peaks chocolate. The product featured two chocolate peaks instead of the single peaks of Toblerone.
The launch of Twin Peaks was delayed, and Poundland later changed the color of the packaging and the shape of the chocolate. The product was eventually released.
In 2023, Toblerone changed its packaging after production was moved out of Switzerland. The silhouette of the Matterhorn mountain was removed from the design to comply with the requirements for indicating Swiss origin.
In the current dispute, the court will have to assess whether the shape of the O’bar infringes Mondelez's protected rights or constitutes a separate design. There is currently no information on a court decision on the merits.