Mondelez sends trademark infringement notice to Moo Free

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Mondelez International has sent a letter to British vegan chocolate maker Moo Free regarding Moo Free’s White Choccy Snowballs product, claiming that this infringes on the trademark of Mondelez’s Cadbury’s Snow Balls.

Mondelez has reportedly asked that the White Choccy Snowballs are removed from shelves over the name, with Mondelez holding a trademark for the word ‘Snowball’ in relation to chocolate and confectionery products.

The news is the second recent trademark dispute involving Mondelez and a small British vegan chocolate brand, with the US-headquartered snack and confectionery giant filing a lawsuit against UK chocolatier Catherine’s Originals due to the shape of its O’Bar, which Mondelez says resembles its popular Toblerone product.

In a statement, a spokesperson for Mondelez told FoodBev Media that no formal legal action has been taken, but confirmed it has reached out to Moo Free to “make them aware” of the trademark.

“Cadbury Snow Balls are one of our most popular Christmas products, enjoyed by households across the UK,” the spokesperson said, adding that Mondelez is “open to reaching an amicable resolution” with Moo Free.

Moo Free has been selling the product during the festive season for around two years in the UK market, and has reportedly claimed not to have heard of the Cadbury’s product.

The company is headquartered in Devon, UK, and was founded in 2010 to offer a range of chocolate confectionery products that are free from dairy and suitable for vegans. Its core portfolio includes dairy-free milk chocolate buttons, vegan white chocolate and honeycomb bars, and chocolate drops for home baking.

Laurie Bray, senior associate trade mark attorney at intellectual property (IP) firm Withers & Rogers, said: “Moo Free seem to be taking the position that ‘snowball’ is a generic term when it comes to confectionery, however the name has been registered as trade mark by Cadbury since 2001”.

“Unless Moo Free are able to cancel Cadbury’s registration, Cadbury appear to be in a strong position.”

However, she noted that given that Moo Free’s product is marketed as a vegan product and Cadbury Snow Balls are not, this distinction could pave the way for a commercial agreement between the two companies.

Daniel Kelly, legal director in the IP team at law firm Shakespeare Martineau, said: “A festive product name can quickly turn into a commercial headache, and this dispute highlights exactly how even seemingly familiar or descriptive-sounding names can carry significant intellectual property risks”.

He added: “This case serves as a timely reminder for businesses to conduct clearance searches before launching a new brand or product name. This allows potentially conflicting third-party rights to be identified before significant investment is made in packaging, production, marketing and retailer listings.”

FoodBev Media has reached out to Moo Free for comment.