Toblerone owner takes West Sussex vegan chocolatier to court over bar design
Mondelez International, which owns Toblerone, is suing West Sussex vegan chocolatier Catherine’s Originals, alleging its O’bar range infringes Toblerone’s trademarks and could mislead customers into thinking the brands are connected. The dispute matters because it pits a global company’s claim to protect a longstanding product shape against a small independent business’s right to sell its own design.
Catherine’s Originals says its bars have rounded, semi-oval segments rather than Toblerone’s triangular peaks, and denies infringing any rights. Founder Catherine Dodd says the company will defend the claim; Mondelez says it tried to resolve the matter over several months without agreement. The dairy-free, gluten-free bars, launched after Dodd and Jamie Miller started the business in 2021, cost £9.20 to £10.55.
In short
- Mondelez is suing Catherine’s Originals over the shape of its O’bar chocolate.
- The independent chocolatier denies copying Toblerone or infringing its trademarks.
- The case follows months of unsuccessful attempts to reach an agreement.
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The case for
Mondelez can argue that a recognisable product shape helps customers identify Toblerone and that trademark protection is meaningful only if it can challenge designs it believes risk confusion. It says it tried to resolve the dispute over several months, suggesting litigation followed unsuccessful efforts to reach agreement. Protecting its brand may also help preserve the value built through long-standing investment and consumer recognition.
The case against
Catherine’s Originals can argue that its rounded, semi-oval segments are a distinct design, so customers can tell its O’bar apart from Toblerone and there is no infringement or likely confusion. A small independent business should be able to sell its own product design without a larger company’s trademark claim unduly restricting competition. Defending that freedom matters particularly where the smaller firm disputes that the designs are alike.
Explained simply
Toblerone is a chocolate bar made by Mondelez International, a large food company. Its distinctive shape is made up of joined triangular peaks, and the brand has been sold for many years.
Catherine’s Originals is an independent West Sussex business founded by Catherine Dodd and Jamie Miller in 2021. It makes dairy-free, gluten-free chocolate bars called O’bar, with rounded, semi-oval segments.
The dispute centres on how far a company can protect a product’s name and appearance, and whether another design risks confusing customers. It also highlights the different resources available to a multinational company and a small business facing a legal claim.
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Originally published by Daily Mail as “Toblerone sues British chocolate maker for ‘copying’ their famous shape”.