Toblerone Owner Sues UK Vegan Chocolate Maker Over Bar Shape

Mondelez International, the owner of Toblerone, has filed a lawsuit against a British vegan chocolate company, Catherine's Originals, alleging that its O'bar product infringes on Toblerone's trademark and engages in "passing off." The lawsuit claims the shape of the O'bar improperly mimics the distinctive triangular design of the well-known Toblerone chocolate bars.

Catherine's Originals, based in Walberton, West Sussex, launched its O'bar range in 2021. The company's product features a rectangular bar divided into segments, each topped with a round semi-oval shape. Mondelez argues that this design constitutes an attempt to pass off the O'bar as being associated with Toblerone, which has featured its iconic mountain peak shape since 1929.

Catherine Dodd, 24, co-founder of Catherine's Originals, has vocally disputed the claims. In a video posted to the company's Facebook page, Dodd described the lawsuit as "corporate bullying" and stated that the O'bar does not resemble a triangle. She asserted that her company stands behind its product and believes it does not infringe on any trademark rights. In an earlier blog post, Dodd emphasized that the "O" in O'bar signifies "Originals" and is part of the company's branding, citing other products like "Milky O's" and "O" tins. She also noted that the product's curved segments, colorful stripes, flavors, and packaging reflect her personal style and creativity.

Mondelez International, in its statement, highlighted the global recognition of the Toblerone shape and its responsibility to protect its intellectual property. The company stated it had attempted to resolve the matter amicably with Catherine's Originals over several months but was unable to reach an agreement. "We cannot comment further on ongoing legal matters," a spokesperson said.

This legal action follows a precedent set by Mondelez International's previous efforts to protect the Toblerone brand. In 2017, the company contested the launch of Poundland's "Twin Peaks" bar, which featured two humps instead of Toblerone's single peak. Poundland eventually modified the product and its packaging to allow the launch to proceed. Additionally, in 2023, Toblerone was compelled to alter its packaging to remove the image of the Matterhorn mountain, a distinctive element, due to marketing regulations following the shift of some production outside of Switzerland.

Catherine's Originals offers a variety of flavors for its vegan, gluten-free, and dairy-free O'bars, including Pumpkin Spice, Halloween Blood Orange, Dark Ginger, It's Cool Mint, Cookie No Crumble Cheesecake, Coconut Coast, and Cinnamon Swirl. The bars are priced between £9.20 and £10.55 and are described on the company's website as selling out rapidly.