Toblerone Owner Sues UK Vegan Chocolate Maker Over Bar Shape

Mondelēz, the owner of Toblerone, has filed a passing-off and trademark infringement claim at the High Court in London against Catherine's Originals, a small British vegan chocolate maker whose O'bar it accuses of copying the Swiss bar's famous chunky shape. The dispute pits a global snack giant against a business founded by a teenager in 2021.

At stake is the distinctive silhouette of a chocolate length divided into segments, each ending in a rounded, semi-oval hump. Mondelēz says that geometry belongs to Toblerone; Catherine's Originals says its humps form an O, for Originals.

What do the two sides claim?

Mondelēz International, which also owns Cadbury and Côte D'Or alongside Toblerone, did not mince words in its statement. "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 company said.

The claim rests on nearly a century of continuous use. Mondelēz added: "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."

Note the gap in that statement: the company offers no sales figures, no consumer-confusion evidence and no survey data — the usual currency of passing-off claims. Those details may surface only if the case reaches trial.

Who is Catherine's Originals?

The defendant is a genuinely small operation. Catherine Dodd founded the brand as a teenager in 2021. The company makes its chocolate in Walberton, Sussex, and sells through markets, online and by subscription.

Dodd pushed back on the allegations. "We stand firmly behind the product and identity we've created," she said.

"We strongly disagree with the claim concerning O'bar and are working with our legal team to defend our position. Honestly, it's 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 said.

Her legal adviser, Stephen Lowry of Brandsmiths, was more measured. "Our client disagrees with the claim and considers O'bar to have its own distinctive design and identity. We look forward to addressing the matter through the appropriate legal process," he said.

How do the products compare on price?

The price gap between the two bars is wide. Catherine's Originals charges £9.20 for a 200g O'bar in milk or plain varieties, rising to £10.55 for flavours such as pumpkin spice or cinnamon swirl. A standard milk chocolate Toblerone retails at £2.50.

That means the vegan bar sells at roughly four times Toblerone's price per unit. Whether a shopper paying a premium for plant-based chocolate would confuse the two is precisely the question a judge may have to weigh.

Has Mondelēz fought this battle before?

This is not the first time the company has defended the shape. In 2017, budget chain Poundland was forced to delay the launch of its Twin Peaks bar — which had two humps rather than Toblerone's single peaks — after a legal warning from Mondelēz.

Poundland eventually relaunched the product after modifying the colour of the packaging and the shape of the bar. Twin Peaks remains on sale today, evidence that Mondelēz's targets can survive an IP fight if they redesign.

The Toblerone precedent cuts both ways here. It shows Mondelēz is willing to enforce its shape rights, but also that settlements through design changes, rather than courtroom defeats, are the more common outcome. Catherine's Originals, with its premium pricing and small-batch distribution, now faces the choice Poundland faced — and its founder says she intends to fight.