Toblerone’s owner has launched legal action against a small British vegan chocolate maker, claiming the independent brand copied its famous triangular design, which was inspired by the Matterhorn mountain in the Alps.
Mondelez International filed a lawsuit at the High Court in London against Catherine’s Originals, according to The Guardian .
Images shared on social media platforms showed O’Bar chocolate divided into segments, each with a rounded semi-oval hump. Meanwhile, segments in Toblerone have pointed edges. Catherine Dodd, who founded the independent West Sussex-based business, has pushed back strongly against the legal challenge. She noted that being small doesn’t mean backing down when trying to defend what they built, as she called the pressure frightening for an independent company. “We strongly disagree with the claim concerning O’bar and are working with our legal team to defend our position. “Honestly, it’s fairly frightening for a small business we’ve put so much care and hard work into building. But being a smaller business does not mean being afraid to stand up for what we’ve created. The report also mentioned the brand’s legal adviser, Stephen Lowry of Brandsmiths, reactions. “Our client disagrees with the claim and considers O’bar to have its own distinctive design and identity. Meanwhile, Mondelez maintains it has a duty to protect its intellectual property. 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.”
The food giant argues that the plant-based brand’s “O’Bar” infringes on its trademarks and amounts to “passing off,” suggesting shoppers might confuse the treat with Toblerone chocolates. “We stand firmly behind the product and identity we’ve created,” she said, as quoted by the media outlet. We look forward to addressing the matter through the appropriate legal process,” Lowry said as quoted. “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.
