The owner of Toblerone is taking legal action against a tiny British vegan chocolate brand which it claims has been copying the Swiss chocolate bar\u2019s famous chunky shape.<\/p>\n
Mondel\u0113z has filed papers at the high court in London accusing Catherine\u2019s Original\u2019s of \u201cpassing off\u201d and trademark infringement with its O\u2019bar \u2013 a length of chocolate divided into segments each with a rounded semi-oval hump.<\/p>\n
The 200g bars cost \u00a39.20 for a milk or plain variety, and as much as \u00a310.55 for more exotic flavours such as pumpkin spice or cinnamon swirl. A standard milk chocolate Toblerone can be bought for \u00a32.50.<\/p>\n
Catherine\u2019s Originals, founded by the then teenager Catherine Dodd in 2021, makes its chocolate in Walberton in Sussex, England and sells them via markets, online or by subscription.<\/p>\n
Dodd said the shape of her bars reflected an O for Originals. \u201cWe stand firmly behind the product and identity we\u2019ve created,\u201d she said.<\/p>\n
\u201cWe strongly disagree with the claim concerning O\u2019bar and are working with our legal team to defend our position. Honestly, it\u2019s fairly frightening for a small business we\u2019ve put so much care and hard work into building. But being a smaller business does not mean being afraid to stand up for what we\u2019ve created.\u201d<\/p>\n
The chunky shape of a Toblerone bar. Photograph: Justin Sullivan\/Getty Images<\/p>\n
The brand\u2019s legal adviser, Stephen Lowry, at Brandsmiths added: \u201cOur client disagrees with the claim and considers O\u2019bar to have its own distinctive design and identity. We look forward to addressing the matter through the appropriate legal process.\u201d<\/p>\n
Mondel\u0113z International, which also owns Britain\u2019s Cadbury brand and C\u00f4te D\u2019Or coffee as well as Toblerone, said: \u201cThe 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.<\/p>\n
\u201cWe have a responsibility to protect our trademarks and intellectual property, which we take seriously. We have attempted to resolve this matter constructively and directly with Catherine\u2019s Originals over several months but unfortunately have been unable to reach an agreement. We cannot comment further on ongoing legal matters.\u201d<\/p>\n
The latest battle over Toblerone comes after budget chain Poundland was forced to delay the launch<\/a> of its Twin Peaks bar in 2017, which had two humps rather than the single peaks of Toblerone, after a legal warning from Mondel\u0113z.<\/p>\n