Luxury UK chocolate bar brand sued by Toblerone

A small vegan chocolate business in Sussex is being sued by the owner of Toblerone over claims that it copied its well-known chocolate bar shape.

Mondelez filed papers at the high court in London this month after accusing Catherine’s Originals of trademark infringement over its O’bar.

The O’bar is made in Sussex and described as the product that “started it all” on the brand’s website. It retails at £9.20, which is more than triple the average price pf a Toblerone.

Writing on her website, Catherine Dodd said it was “frightening” for her small business, which she founded as a teenager in 2021, and strongly disagreed with the claims made against her brand.

She said the shape of her bars reflected the O for Originals and the business had no commercial affiliation with Toblerone or Mondelēz.

“It’s frightening. From where I’m standing, the pressure feels like being bullied into submission,” she said.

Ms Dodd added: “The ‘O’ comes from ‘Originals’. It’s part of our little chocolate world, from the Milky O’s pralines in our Catherine’s Originals Selection Box to our bespoke O tin.

“I respect businesses’ right to protect their intellectual property. However, I also believe those rights should be exercised fairly, and that small businesses should be able to stand up for their creations when they believe an allegation is wrongfully submitted.

“Being smaller should not mean being afraid to defend what you’ve built.”

A spokesperson from Mondelez International: “The 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.

“We 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's Originals over several months but unfortunately have been unable to reach an agreement. We cannot comment further on ongoing legal matters.”

Poundland faced similar allegations from Mondelez in 2017 and was forced to delay the launch of one of its lookalike chocolate bars.

The chain settled following a three month dispute and agreed to redesign the bar. At the time, it claimed that Mondelez “irretrievably abandoned” the trademark on the chocolate bar’s shape when it cut the number of chunks from 11 to nine,

Catherine’s Orignals legal adviser, Stephen Lowry, at Brandsmiths told The Guardian: “Our client disagrees with the claim and considers O’bar to have its own distinctive design and identity. We look forward to addressing the matter through the appropriate legal process.”