Catherine Dodd, the 24-year-old entrepreneur behind Catherine's Originals, is being sued by Mondelez International, the owner of Toblerone, for allegedly copying the iconic shape of the chocolate bar with her company's O'bar range. Dodd fears the legal costs associated with the lawsuit could force her small business to collapse.
Mondelez claims that Catherine's Originals' O'bar chocolates infringe on their trademark and engage in 'passing off' due to their segmented, pyramid-like shape. The US-based multinational stated it has a "responsibility to protect our trademarks and intellectual property" and that legal action was a "last resort" after attempts to reach an agreement with Catherine's Originals failed.
Ms. Dodd, who founded Catherine's Originals with her boyfriend Jamie Miller five years ago, describes the lawsuit as "frightening" and an "attempt to bully us into submission." She argues that her company's O'bar chocolates have their own distinctive design and identity. The O'bar's name includes 'Originals,' and its rounded segments reflect the overall curved shapes found throughout the company's product line, which specializes in plant-based, gluten-free, and dairy-free chocolates.
Catherine's Originals began by selling chocolates at a local Christmas market in 2021. The business grew significantly, with a team of ten people now wrapping 15,000 chocolate bars daily. The couple invested their inheritance and savings into the company, moving to a factory in West Sussex in 2023.
To help fund their defense, Catherine's Originals has released a "Battle Bundle" O'bar set, with £7.50 from each sale contributing towards legal costs. Dodd's lawyer, Stephen Lowry, stated they "strongly disagree with the claim and are working with our legal team to defend what we've created," and will "ascertain whether the registered trade marks for the shape of the Toblerone are even valid and enforceable."
Mondelez International, which also owns brands such as Cadbury, Milka, and Oreo, has been attempting to resolve the dispute constructively since August of the previous year, extending deadlines to facilitate a settlement. The company maintains that the Toblerone shape, a hallmark of the brand since 1929, is one of the most recognizable product designs globally.