A Brighton-based vegan confectionery business is facing legal action from the makers of Toblerone over its O’bar chocolate product.
Catherine’s Originals, a small family-run business founded by Catherine Dodd in 2021, says it is being challenged by Kraft Foods Schweiz Holding GmbH, part of Mondelēz International, over alleged infringement of Toblerone’s trade mark rights.
Mondelēz claims the brand’s O’bar could mislead consumers into believing there is a commercial connection with Toblerone and that it takes unfair advantage of the brand’s reputation.
A spokesperson for the multinational says: “The iconic Toblerone shape is one of the most recognized 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.”
Catherine’s Originals disputes the allegations and says it has appointed legal representation to defend its position. In a statement on its website, Dodd says the O’bar was developed as a chunky chocolate bar with exciting flavours, textures and colourful packaging reflecting the brand’s identity.
“We do not believe O’bar infringes the trade mark rights being asserted against it in the slightest.”
She says the name came from the ‘O’ in Originals and that the product was part of the company’s wider range, which includes its vegan and gluten-free chocolate selection boxes. “Catherine’s Originals is an independent business with no commercial affiliation with Toblerone or Mondelēz, and we do not believe O’bar infringes the trade mark rights being asserted against it in the slightest,” she comments.
Dodd says the legal challenge had been difficult for the business. “Being smaller should not mean being afraid to defend what you’ve built,” she says, adding that she was determined to fight the claim and continue developing the business.
The dispute follows an earlier chocolate trademark row involving Mondelēz. In 2017, the company challenged discount retailer Poundland over its Twin Peaks chocolate bar, which was considered to be too similar to Toblerone. The dispute ended in a settlement, with Poundland agreeing to redesign the bar and change its packaging.
By Jane Wolfe, contributor