Full Breakdown
Mondelez Takes Legal Action Against UK Vegan Chocolatier Over Bar Shape
By Drooid · · How we work
In this breakdown
01
Core Event: Trademark Infringement Claim Filed
On October 15, Mondelez International filed a high-court claim in London alleging that Catherine’s Originals’ “O’Bar” chocolate bars infringe the registered shape trademark of Toblerone. The suit, brought by Kraft Foods Schweiz Holding GmbH—a Swiss holding within the Mondelez group—accuses the vegan brand of “passing off” and trademark infringement because the O’Bar’s rounded, semi-oval humps are deemed “too similar” to Toblerone’s iconic triangular prism.
02
Background & Context
The company has previously defended the mark against other challengers, including Poundland’s “Twin Peaks” bar in 2017 (which was relaunched after redesign) and Swiss-based Cocoa Luxury’s “Swissone” bar, which reached a confidential settlement after a Swiss court found limited risk of consumer confusion.
Visual evidence
Images from the story
03
Data & Statistics
- Price comparison: O’Bar 200 g bars retail at £9.20, more than triple the £2.50 price of a standard Toblerone bar.
- Funding: In 2024, Catherine’s Originals secured a £25,000 investment from Deliveroo’s “Big Pitch” competition, enabling a move to a dedicated factory in West Sussex.
- Market performance: Mondelez shares were up more than 7 % as of October 30, reflecting broader company earnings trends.
04
Official Statements & Responses
- No further comment was offered on the pending litigation.
- Catherine Dodd, founder of Catherine’s Originals: Dodd described the lawsuit as “frightening” and asserted that the O’Bar’s shape derives from the letter “O” in the brand’s name, not from Toblerone. She added that the company “will not be bullied” and will defend its design through the legal process.
05
Conflicting Reports & Gaps
An earlier claim reported by the Independent suggested that Mondelez had “irretrievably abandoned” its shape trademark when it reduced the number of Toblerone’s segments from eleven to nine. Catherine’s Originals’ adviser Stephen Lowry rejected this assertion, but the article provides no corroborating evidence, leaving the status of the trademark’s continuity unclear.
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Verbatim Quotes
- “Honestly, it’s fairly frightening for a small business we’ve put so much care and hard work into building,” — Catherine Dodd, the founder of Catherine’s Originals
- “It is clearly not at all associated with Toblerone.” — Another
- “I will not be bullied. Catherine’s Originals will not be bullied.” — Catherine Dodd, the founder of Catherine’s Originals
07
What’s Next
The high-court proceedings remain ongoing, with no scheduled hearing date disclosed in the available sources. Both parties have indicated a willingness to pursue the case through the legal system, and the outcome will hinge on the court’s assessment of the visual similarity between the two bar shapes and the likelihood of consumer confusion.