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Vegan chocolatier says Toblerone lawsuit could force her business to close
Catherine Dodd, 24, says a trademark lawsuit brought by Toblerone owner Mondelez International could force her small vegan chocolate business to close. Mondelez accuses Catherine’s Originals of infringing its trademark and passing off Toblerone’s distinctive shape through its O’bar range; Dodd disputes the claims and says the legal action feels like an attempt to pressure the company.
Dodd founded the Sussex business with her boyfriend, Jamie Miller, after becoming vegan at 12 and finding plant-based chocolate options uninspiring. They began making chocolates by hand and launched at Brighton Christmas Market in 2021, later moving production to a factory in West Sussex. The company now employs ten people and wraps up to 15,000 bars a day; Dodd says legal costs could wipe it out. Mondelez says it is responsible for protecting its trademarks and intellectual property, and the parties were unable to reach an agreement.
In short
- Toblerone’s owner is suing Catherine’s Originals over its O’bar shape.
- Founder Catherine Dodd says legal costs could threaten the business.
- The Sussex company produces up to 15,000 bars a day.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Mondelez can argue that distinctive product shapes are valuable trademarks and that consistent enforcement is needed to protect consumers from confusion and preserve the value of its brand. If it believes Catherine’s Originals’ bars imitate Toblerone’s recognisable shape, pursuing the claim through legal channels is a legitimate way to test and protect those rights.
The case against
Dodd can argue that her O’bar range is an independent product and that a large company’s lawsuit may impose legal costs a small business cannot bear, even before the claims are decided. Trademark protection should not be applied so broadly that it stifles fair competition or prevents smaller makers from selling their own chocolate designs.
Explained simply
Toblerone is a chocolate brand owned by Mondelez International, a large food company. Its familiar triangular pieces and packaging are closely associated with the brand, and Mondelez says it protects its trademarks and other intellectual property.
Catherine’s Originals is a small vegan chocolate business founded in Sussex by Catherine Dodd and Jamie Miller. It began selling handmade chocolates at Brighton Christmas Market in 2021 and now makes bars at a West Sussex factory, employing ten people.
The dispute concerns the shape of bars in the company’s O’bar range and whether it infringes Toblerone’s trademark or amounts to passing off. Trademark disputes can be costly for small businesses, so the case matters both to the companies involved and to how businesses can use shapes associated with established brands.
Read the full article at the source →
Originally published by Daily Mail as “Vegan chocolate company owner, 24, who is being sued by Toblerone for ‘copying their famous shape’ says battle will collapse her small business”.