The Guardian reported that Mondelez International filed a case in London’s High Court against Catherine’s Originals, alleging its vegan O’Bar chocolate infringes Toblerone trademarks and may confuse shoppers.
Mondelez also alleges “passing off,” arguing that shoppers could mistake O’Bar for Toblerone. Images shared on social media show O’Bar sections with rounded, semi-oval tops, compared with Toblerone’s pointed pieces.
Catherine Dodd, who founded the West Sussex-based business, said it strongly disagrees with the claim and is working with its legal team. She called the challenge “fairly frightening for a small business,” but said the company would stand behind its product and identity.
The company’s legal adviser, Stephen Lowry of Brandsmiths, said Catherine’s Originals rejects Mondelez’s claim and considers O’Bar a product with its own distinctive identity. He said it would address the matter through the legal process.
Mondelez said Toblerone’s shape has represented the brand since 1929 and said it must protect its trademarks and intellectual property. The company said it had tried for several months to reach an agreement directly with Catherine’s Originals without success. It declined further comment while the case is ongoing.
EconoTimes previously covered the London case over O’Bar’s shape.
