Toblerone sues British chocolate brand over chunky shape in latest retailer copycat row

Toblerone owner Mondelēz International is suing independent British chocolate maker Catherine’s Originals, alleging that the shape of its O’bar infringes the company’s trademark rights.

The confectionery group has brought claims of trademark infringement and passing off against the Sussex-based business, which disputes the allegations.

Catherine’s Originals’ vegan O’bar features a row of dome-shaped segments on a thin chocolate base. Priced at £9.20, it is available in plant-based milk-style and white chocolate varieties. The company was founded in 2021 by Catherine Dodd, who was 18 at the time. In a blog post, the business said it “strongly” disagreed with the claims and was working with its legal team to defend its position.

“Catherine’s Originals is an independent business with no commercial affiliation with Toblerone or Mondelēz, and we do not believe O’bar infringes the trade mark rights being asserted against it in the slightest,” it said. Mondelēz said the dispute concerned protecting a distinctive design associated with the Toblerone brand.

“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,” a spokesperson told The Sun. “We have a responsibility to protect our trademarks and intellectual property, which we take seriously.” The company said it had held discussions with Catherine’s Originals for several months before taking legal action.

“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,” the spokesperson added.

The case follows an earlier dispute between Mondelēz and Poundland over the discount retailer’s Twin Peaks chocolate bar. In 2017, Mondelēz challenged that product’s design, alleging similarities to Toblerone. Poundland subsequently changed the bar’s design following a three-month legal dispute.

Twin Peaks has remained on sale since the redesign. The claims involving Catherine’s Originals remain unresolved, with the company maintaining that its product does not infringe Toblerone’s trademark rights.