Mondelez International, the company behind Toblerone, has filed a lawsuit against Catherine's Originals, an independent vegan chocolate brand based in Sussex, accusing it of copying the iconic bar's shape. The case has been brought before London's High Court.
Catherine's Originals, founded by Catherine Dodd in 2021, produces a range of plant-based chocolates, including the O'bar, which features curved, semi-oval hump segments. Mondelez claims this design amounts to 'passing off' its products as replicas of Toblerones.
Brand Defends Its Design
Catherine Dodd, who started the business in Walberton as a teenager, has denied any affiliation with Toblerone, which was invented in 1908, or its manufacturer. She maintains that the O'bar's pointed, chunky shape reflects the 'O' for 'Originals'.
In response to the dispute, Dodd said: 'We stand firmly behind the product and identity we've created. We strongly disagree with the claim concerning O'bar and are working with our legal team to defend our position.' She described the accusations as 'fairly frightening for a small business we've put so much care and hard work into building', adding: 'But being a smaller business does not mean being afraid to stand up for what we've created.'
Stephen Lowry of Brandsmiths, legal adviser to Catherine's Originals, 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.'
Mondelez Defends Trademark
Mondelez, one of the world's largest snack companies, which also owns Cadbury, said: '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.'
A spokesperson added: '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.'
Impact on the Small Business
The O'bar is priced significantly higher than Toblerone, which sells for £2.50. A 200g O'bar retails at £9.20, with more adventurous flavours exceeding £10. Catherine's Originals sells its products, including selection tins, bendy bars and wonky buttons, through its online store and subscriptions.
To support the legal fight, Dodd has launched a 'Battle Bundle' on her website. She wrote: 'Usually, when we put together a bundle, we offer a little discount. But this one is different. This is the Battle Bundle. We haven't discounted the contents of this bundle like we normally do, because every penny genuinely counts right now. Instead, 15% of the £50 purchase price – £7.50 from every bundle – will go directly into our legal fighting pot to help us defend O'bar. Legal costs could wipe Catherine's Originals out, so we have been brainstorming ways to fight, and this was one.'
She concluded: 'This bundle is for those extra-keen Choco Lovers, those who don't like a bully, who've been asking how to stand with us and help protect the O'bar.'
This is not the first time Mondelez has pursued legal action over chocolate shapes. In 2017, the company made allegations against Poundland over its lookalike Twin Peaks bar, which delayed its launch by three months. The dispute was ultimately settled with an agreement to redesign the bar and alter its packaging.
In 2023, Toblerone itself was forced to change a major part of its identity under Swiss law after the brand owner shifted part of its manufacturing to Slovakia. Because the product was no longer exclusively produced in Switzerland, the Matterhorn mountain could not be used, and the realistic mountain profile was modified to a generic mountain peak.
