Mondelēz International has launched high court legal action in London against British vegan chocolate brand Catherine’s Originals, alleging trademark infringement and “passing off” over the chunky, rounded semi-oval shape of its O’bar.
Mondelēz High Court Filing Against Catherine’s Originals
The owner of Toblerone filed court papers accusing the Sussex-based maker of copying the Swiss chocolate bar’s famous design. Founded in 2021 by Catherine Dodd when she was a teenager, Catherine’s Originals manufactures its confectionery in Walberton and distributes products through markets, online sales, and subscriptions. The brand’s O’bar features segments with a rounded semi-oval hump and sells for £9.20 to £10.55 in varieties including milk, plain, cinnamon swirl, and pumpkin spice, while a standard milk chocolate Toblerone retails for £2.50.
Mondelēz stated that the distinctive shape of its product has remained a hallmark since 1929. “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,” the company said, adding that it attempted to resolve the matter directly over several months before turning to the courts.
Founder Catherine Dodd Defends the Distinctive Shape of the O Bar
Founder Catherine Dodd maintained that the distinctive shape of the O’bar represents an “O” for Originals. “We strongly disagree with the claim concerning O’bar and are working with our legal team to defend our position,” Dodd said. She described the legal battle as frightening for a small business but emphasized that smaller enterprises must stand up for what they create.
Stephen Lowry, a legal adviser for the brand at Brandsmiths, stated that the company considers the O’bar design distinct and separate from competitors. Legal proceedings will continue through the high court in London to determine the outcome of the dispute.
Prior Toblerone Shape Disputes in Retail
This litigation follows similar intellectual property actions brought by Mondelēz against competitors in the retail market. In 2017, budget chain Poundland delayed the launch of its Twin Peaks bar, which featured two humps instead of Toblerone’s single peaks, following a legal warning from the brand owner. Poundland subsequently altered the packaging color and bar shape before releasing the product to shoppers.
Questions About the Toblerone Legal Battle
Why is Mondelēz suing Catherine’s Originals?
Mondelēz filed papers at the high court in London accusing the small vegan chocolate brand of trademark infringement and “passing off” due to the chunky, rounded semi-oval shape of the O’bar.
How much do the disputed chocolate bars cost?
Catherine’s Originals sells its 200g O’bar for £9.20 for plain and milk varieties, scaling up to £10.55 for specialty flavors like cinnamon swirl and pumpkin spice. A standard milk chocolate Toblerone costs £2.50.
Where is Catherine’s Originals located?
The vegan chocolate brand is based in Walberton, Sussex, where it was founded in 2021 by Catherine Dodd.
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