Mondelēz Sues Catherine's Originals Over O'bar Chocolate Shape

Mondelēz International has initiated court proceedings against Catherine's Originals, a small British vegan chocolate maker, alleging that the latter's O'bar imitates the distinctive shape of Toblerone.

The legal action was filed at the High Court in London. Mondelēz accuses Catherine's Originals of passing off and trademark infringement. The dispute focuses on the O'bar, a 200g chocolate segment topped with rounded, semi-oval humps. Standard milk or plain varieties sell for £9.20, while specialty flavors like pumpkin spice reach £10.55. This price point contrasts sharply with the £2.50 retail price of a standard milk chocolate Toblerone.

Catherine Dodd founded Catherine's Originals in 2021 while she was a teenager. The company produces its chocolate in Walberton, Sussex, and distributes it through markets, online channels, and subscriptions. Dodd stated that the bar's shape represents the letter O for Originals. She said, "We stand firmly behind the product and identity we've created." Dodd added that the company strongly disagrees with the claim and is working with its legal team to defend its position. She described the situation as "fairly frightening for a small business we've put so much care and hard work into building." Dodd noted that being a smaller business does not mean being afraid to stand up for what they have created.

Stephen Lowry, the brand's legal adviser at Brandsmiths, stated that the client rejects the claim. He argued that the O'bar has its own distinctive design and identity. Lowry said the company looks forward to addressing the matter through the appropriate legal process.

Mondelēz, which also owns Cadbury and Côte D'Or, described the Toblerone shape as a hallmark of the brand since 1929. The company characterized the design as one of the most recognised product designs in the UK and worldwide. Mondelēz stated it has a responsibility to protect its trademarks and intellectual property. The company said it attempted to settle the matter constructively and directly with Catherine's Originals over several months but failed to reach an agreement. It declined to comment further on the ongoing legal matters.

This legal battle echoes a 2017 dispute involving Poundland. The budget chain delayed the launch of its Twin Peaks bar after receiving a legal warning from Mondelēz. The original design featured two humps. Poundland eventually relaunched the product after changing the packaging color and the bar shape. The modified bar remains on sale today.