Mondelēz Sues Over Vegan Toblerone

The world’s largest confectionery firm Mondelēz files a lawsuit against independent vegan chocolate brand Catherine's Originals, escalating the dispute over a vegan version of Toblerone.

Mondelēz has sued Catherine’s Originals, a British vegan chocolate brand, over the shape of its O’bar, alleging trademark infringement and passing off. The company claims the product’s chunky semi-oval segments are too similar to Toblerone’s triangular design. The lawsuit, filed at the London High Court on October 15, states that Kraft Foods Schweiz Holding, part of the Mondelēz group, argues the O’bar misleads consumers and infringes on Toblerone’s registered trademark, which was secured in Europe in the 2010s. Catherine’s Originals, founded by 18-year-old Catherine Dodd in 2021, denies the claims, stating its bars have rounded peaks and a distinct “O” theme, and that its 200g bars cost £9.20 for milk or plain varieties, up to £10.55 for flavours like pumpkin spice, compared to Toblerone’s standard £2.50 price. Mondelez says the Toblerone shape is one of the most recognised product designs globally since 1929, and that attempts to resolve the matter directly with Catherine’s Originals failed after several months of talks. The brand’s legal advisor, Stephen Lowry of Brandsmiths, added that the O’bar has its own distinctive design and identity, and that the company looks forward to addressing the issue through the legal process. In 2017, Mondelez settled a similar case with Poundland over its Twin Peaks bar, requiring changes to packaging colour and bar shape, while a 2014 lawsuit against Just Mayo by Unilever was withdrawn. A 2021 lawsuit by Oatly against Glebe Farm over its PUREOATY name and carton design was rejected by the court, which found no likelihood of confusion. Mondelez International, which also owns Cadbury and Côte d’Or, stated it has a responsibility to protect its intellectual property. The company’s shares are up more than 7% in the past 12 months, and it reports earnings later on October 30. Mondelez previously had to remove the Matterhorn peak from its packaging and change its label from “of Switzerland” to “established in Switzerland” after moving production to Slovakia. In 2023, Mondelez changed its Toblerone packaging to remove the Matterhorn image following production shifts outside Switzerland. The brand has also faced legal challenges over similar shapes, including a dispute with Cocoa Luxury in Switzerland, where a local court initially ruled no consumer confusion existed before a confidential agreement led to shape changes. Mondelez’s legal actions against smaller brands have drawn public criticism, with social media discussions showing 39% negative sentiment toward Oatly after its 2021 lawsuit, compared to 13% positive sentiment, while Catherine Dodd said the legal threat is “fairly frightening” for her small business but that she will defend what she has created.

Read source: Plant Based News