Toblerone owner Mondelez sues British vegan chocolate brand Catherine’s Originals

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Mondelez International, owner of the Toblerone chocolate bar brand, is suing British vegan chocolatier Catherine’s Originals over the shape of one of its products.

At the centre of the dispute is Catherine’s Originals’ O’Bar, a plant-based chocolate bar featuring a long, flat piece of chocolate topped with oval-shaped segments. In a lawsuit filed at the UK High Court in London, Mondelez claims that the bar’s appearance is too similar to that of the Toblerone, alleging trademark infringement.

Toblerone is one of Mondelez’s best-known chocolate products, famous for its chunky triangle shape inspired by the Swiss Alps. The bar’s prism shape has been protected by a trademark in the UK since 1994.

Catherine’s Originals, a small brand based in West Sussex, UK, offers a range of dairy-free chocolate products including the O’Bar, which is available in various flavour varieties such as Pumpkin Spice and Cookie No Crumble, in addition to original dark chocolate and plant-based milk and white chocolate variants.

The original vegan milk chocolate O’Bar contains vegan honeycomb pieces and blanched almonds, while the original Toblerone contains honey and almond nougat.

This latest lawsuit is not the first to be filed by Mondelez in recent years over alleged trademark infringement. The company, which is headquartered in the US, filed a lawsuit against retail chain Aldi in an Illinois court last year, claiming that the retailer had copied the packaging designs for several of its well-known cookie and cracker brands including Oreo and Belvita.

This particular lawsuit – relating specifically to the shape of the products in question – is fairly unique, said Laurie Bray, a senior associate trade mark attorney at European intellectual property (IP) firm Withers & Rogers.

“It’s quite rare for a brand owner to sue another over the shape of one its products,” she commented. “Even with a trademark registration in place protecting the shape of its Toblerone chocolate bar, it could be challenging for Mondelez to prove that the bar made by Catherine’s Originals is sufficiently similar in shape that it would cause customer confusion.”

She added that while it is difficult to obtain commercial protection for the shape of a product alone, it is “worth considering” as brands contend with the rise of ‘dupe culture’ – a trend in which consumers seek lower-cost alternatives that are similar to premium and luxury branded goods.

However, Catherine’s Originals’ vegan bar does not fall into this lower-cost ‘dupe’ category – prices for its 200g sharing bar start at £9.20, with special flavour varieties costing up to £10.55. Meanwhile, Toblerone’s 200g bar typically retails at around £4.20.

According to reporting from The Guardian, Catherine’s Originals has strongly disputed the claims from Mondelez, with founder Catherine Dodd stating that the bars’ rounded segments represent the ‘O’ in ‘Originals’ from the brand’s name.

In a statement sent to FoodBev Media, a Mondelez International spokesperson said: “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. We have a responsibility to protect our trademarks and intellectual property, which we take seriously.“

They added: “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 matter.“

FoodBev has approached Catherine’s Originals for comment.