Toblerone owner sues British vegan chocolate brand for copying its signature shape

The owner of Toblerone has sued Catherine's Originals, alleging its O'bar shape infringes Toblerone trademarks. The vegan chocolatier rejects the claim and is preparing a legal defence.

In Short

• Catherine Dodd says the rounded segments were inspired by Originals’ initial
• O’bars cost £9.20, while selected flavours are priced at £10.55
• The Sussex business sells through markets, subscriptions and its own website

The owner of Toblerone has taken a British vegan chocolate maker to court, claiming that its bars imitate the Swiss brand’s distinctive chunky shape.

According to a report by The Guardian, Mondelz International has filed a case at the High Court in London against Catherine’s Originals, accusing the small business of trademark infringement and passing off over its O’bar range.

The dispute centres on the shape of the O’bar, which is made up of chocolate segments with rounded, semi-oval tops. Mondelz claims the design resembles Toblerone’s recognisable peaks, a feature the company said had been associated with the brand since 1929.

Founded in 2021 by Catherine Dodd, who was a teenager at the time, Catherine’s Originals makes its chocolates in Walberton, Sussex. The business sells its products at markets, through its website and on a subscription basis.

Its O’bars are priced at £9.20 (Rs 1,167) for milk and plain chocolate varieties, with some flavours, including pumpkin spice and cinnamon swirl, costing up to £10.55 (Rs 1,339). A standard milk chocolate Toblerone, meanwhile, costs around £2.50 (Rs 317).

Dodd rejected the allegations and said the shape was inspired by the letter 'O', representing Originals. “We stand firmly behind the product and identity we’ve created,” she said.

She added that the company disagreed with the claims and was preparing to defend itself with the help of its legal team. Dodd also described the dispute as frightening for a small business that had invested considerable effort into building its identity, but said its size would not stop it from standing up for its work.

The brand’s legal adviser, Stephen Lowry of Brandsmiths, echoed the position, saying the company believed O’bar had a distinctive design and identity of its own and was ready to address the matter through the legal process.

Mondelz, which also owns Cadbury in the UK and Belgium’s Cte d’Or, said it had tried to settle the disagreement directly with Catherine’s Originals over several months but had been unable to reach an agreement.

In a statement, the company said the Toblerone shape was among the most recognised product designs in the UK and worldwide, adding that it had a responsibility to protect its trademarks and intellectual property. It declined to comment further because the matter was now subject to legal proceedings.

This is not the first time Mondelz has challenged a chocolate bar over its resemblance to Toblerone. In 2017, Poundland postponed the launch of its Twin Peaks bar after receiving a legal warning from the company. The product featured two raised sections instead of Toblerone’s series of peaks.

The bar eventually returned to shelves after Poundland changed its packaging and modified its shape following an agreement with Mondelz.

Toblerone also faced a packaging change of its own in 2023. The company removed the Matterhorn mountain from its packaging after shifting some of its production outside Switzerland, as the move meant it could no longer use certain Swiss imagery under the country's rules governing national symbols.

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