Mondelēz sues British vegan brand over 200g chocolate shape

Consumers of vegan chocolate in the United Kingdom face a new legal dispute that centers on product design rather than ingredients. Mondelēz, the parent company of Toblerone, has initiated litigation against Catherine’s Originals. The suit alleges that the smaller brand has copied the distinctive segmented shape of the Swiss chocolate bar.

The case was filed at the High Court in London. Mondelēz claims the defendant engaged in passing off and trademark infringement. The product in question is the O’bar, a 200g chocolate bar. Each segment of the O’bar features a rounded semi-oval hump. Mondelēz argues this geometry mimics the Toblerone silhouette, a design it has maintained since 1929.

Price points for the two products differ considerably. A standard milk chocolate Toblerone sells for £2.50. Catherine’s Originals charges £9.20 for its milk or plain varieties. Premium flavors, including pumpkin spice and cinnamon swirl, reach a price of £10.55. The cost gap is roughly four times the price of the incumbent brand.

Catherine’s Originals was founded in 2021 by Catherine Dodd, who was a teenager at the time. The company manufactures its products in Walberton, Sussex. Sales occur through local markets, an online store, and subscription services. Dodd stated that the bar’s shape reflects the letter O for Originals. She told the court that the company stands behind its identity and strongly disagrees with the claim. Dodd noted that the situation is frightening for a small business but emphasized that size does not mean fear.

Stephen Lowry, the legal adviser for Catherine’s Originals at Brandsmiths, said the client considers the O’bar to have a distinctive design. Lowry said the company is working with its legal team to defend its position through the appropriate legal process. Mondelēz, which also owns Cadbury and Côte D’Or, said the Toblerone shape is one of the most recognized product designs in the UK. The company stated it has a responsibility to protect its intellectual property. Mondelēz said it attempted to resolve the matter constructively over several months but could not reach an agreement.

This legal action follows a previous dispute involving Poundland. In 2017, the budget retailer delayed the launch of its Twin Peaks bar. The product featured two humps instead of the single peaks associated with Toblerone. Mondelēz issued a legal warning at the time. Poundland modified the packaging color and bar shape before relaunching the product. The bar remains on sale today.