Toblerone sues independent vegan chocolate brand for ‘copying’ bar’s iconic shape

Toblerone has accused another brand of copying the iconic bar’s shape (Picture: Justin Sullivan/Getty Images) A UK chocolate brand is battling it out with Toblerone after being accused of copying the iconic bar’s shape. The segments of a Toblerone bar are, of course, distinctively triangular, thought to represent the Matterhorn mountain in the Swiss Alps. But now, a small vegan Sussex-based brand is being sued for alleged trademark infringement. Established by Catherine Dodd in 2021, Catherine’s Originals has grown into an award-winning plant-based chocolate company, with the O’bar one of its most recognisable offerings. From dark to milk to cool mint to cinnamon swirl, the product comes in numerous flavours and is a best-seller, described on-site as the item that ‘started it all’. Sign up for all of the latest stories Start your day informed with Metro's News Updates newsletter or get Breaking News alerts the moment it happens. Mondelez International has filed papers at London’s High Court accusing Catherine’s Originals of ‘passing off’ her bars with curved, semi-oval hump segments as replicas of Toblerones. Founded by Catherine Dodd, the O’bar is Catherine’s Originals’ most famous product (Picture: Catherine’s Originals) Its pointed, chunky shape, Catherine says, actually reflects the ‘O for ‘Originals’, and she’s denied any affiliation with Toblerone, invented in 1908, or manufacturer Mondelez. Catherine, who founded her business in Walberton as a teen, has said in response to the dispute: ‘We stand firmly behind the product and identity we’ve created. ‘We strongly disagree with the claim concerning O’bar and are working with our legal team to defend our position.’ She admitted the accusations have been ‘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,’ she declared. Stephen Lowry of Brandsmiths, legal adviser to the brand, said to The Guardian: ‘Our client disagrees with the claim and considers O’bar to have its own distinctive design and identity. The owner has launched a ‘Battle Bundle’ to fund legal costs (Picture: Catherine’s Originals) ‘We look forward to addressing the matter through the appropriate legal process.’ Meanwhile, Mondelez, one of the world’s largest snack companies, which also markets Cadbury, said: ‘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.’ The spokesperson continued: ‘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.’ O’bar has a considerably higher price point than Toblerone, which can be purchased for £2.50, as a 200g bar retails for £9.20, while more adventurous flavours surpass the £10 mark. Catherine sells her chocolate treats – which include selection tins, bendy bars and wonky buttons – via her online store or as subscriptions. On her website, she’s launched the ‘Battle Bundle’, encouraging customers to ‘fight for O’bar’. Mondelez International says it has a ‘responsibility to protect trademarks and intellectual property’ She writes: ‘Usually, when we put together a bundle, we offer a little discount. But this one is different. This is the Battle Bundle. ‘We haven’t discounted the contents of this bundle like we normally do, because every penny genuinely counts right now. Instead, 15% of the £50 purchase price – £7.50 from every bundle – will go directly into our legal fighting pot to help us defend O’bar. ‘Legal costs could wipe Catherine’s Originals out, so we have been brainstorming ways to fight, and this was one.’ She concludes defiantly: ‘This bundle is for those extra-keen Choco Lovers, those who don’t like a bully, who’ve been asking how to stand with us and help protect the O’bar.’ This isn’t the first time Mondelez has charged into chocolate warfare. In 2017, the company hit Poundland with allegations, and their lookalike Twin Peaks bar launch was delayed by three months. Ultimately, the dispute resulted in a settlement and an agreement to redesign the bar and alter the packaging. The tables turned in 2023, when Toblerone was forced to change a major part of its identity under strict Swiss laws. After the brand owner shifted part of its manufacturing process to Slovakia, the Matterhorn mountain couldn’t be used, since the item was not exclusively and 100% produced in Switzerland. Consequently, the realistic mountain profile was modified to a generic mountain peak. Get in touch with our news team by emailing us at webnews@metro.co.uk. For more stories like this, check our news page. Arrow MORE: Major supermarket unveils ‘drool-worthy’ chocolate bar to rival Tony’s Chocolonely Arrow MORE: Asda launches new items to rival M&S — including ‘10/10’ custard cream treat Arrow MORE: Popular desserts pulled from supermarket shelves as they ‘may contain glass’ News Updates Stay on top of the headlines with daily email updates.