Mondelez Initiates UK Legal Action Against Vegan Start-Up Over Toblerone-Like Chocolate Bar Design

Mondelez International has launched a legal challenge in the United Kingdom against Catherine’s Originals, a vegan chocolate start-up, over the design of its O’bar chocolate bars. The claim, filed on October 15 by Kraft Foods Schweiz Holding—a Mondelez subsidiary—alleges that the O’bar’s shape is too similar to the iconic triangular prism design of Mondelez’s Toblerone bar.

A Mondelez spokesperson emphasized the significance of the Toblerone shape, describing it as "one of the most recognised and distinctive product designs in the UK and across the world." The company underscored its commitment to protecting its trademarks and intellectual property rights.

The Toblerone bar’s distinctive shape was trademarked in Europe during the 1990s after Kraft Foods acquired the brand in 1990. Mondelez was formed in 2012 following the split of Kraft Foods. The current dispute marks another chapter in Mondelez’s efforts to safeguard its Toblerone design.

Catherine Dodd, founder of Catherine’s Originals, launched the vegan brand in 2021 at the age of 18. She disputes Mondelez’s claims, noting that her O’bar features more rounded peaks and aligns with an "O" theme consistent across her product line, including items like Catherine’s O tin and Milky O’s. In a statement, Dodd expressed concern about the legal action, calling it "fairly frightening for a small business" but affirmed her resolve to defend her creations.

This lawsuit follows previous trademark conflicts involving Mondelez. Notably, Mondelez won a trademark dispute against Poundland over the latter’s Twin Peaks chocolate bar less than a decade ago. That case concluded in 2017 with a settlement allowing Poundland to sell a limited number of Twin Peaks bars, provided they altered the packaging color and modified the shape from symmetrical peaks to asymmetrical hills.

Mondelez also contested Swiss company Cocoa Luxury’s Swissone bar. A Swiss court initially ruled that the more rounded peaks of Swissone’s bar did not cause consumer confusion with Toblerone. The parties later reached a confidential agreement, resulting in changes to Swissone’s shape and packaging.

Mondelez indicated that several months of negotiations with Catherine’s Originals failed to resolve the dispute amicably. Catherine’s chocolates are produced in a factory located in West Sussex, UK.

The Toblerone brand has faced other challenges, including a requirement to remove the Matterhorn peak from its packaging and to amend its labeling from "of Switzerland" to "established in Switzerland" after relocating some production to Slovakia.

Mondelez’s shares have risen over 7% in the past year, with the company scheduled to report earnings on October 30.

This latest legal action underscores the complexities of protecting distinctive product designs in the competitive confectionery market, especially as new entrants introduce innovative variations targeting niche consumer segments such as vegans.