Mondelēz International has initiated legal proceedings against Catherine’s Originals, a small British chocolate manufacturer, alleging that the company’s O’bar product infringes on Toblerone’s trademark and engages in passing off through design similarity. The case has been filed at the High Court in London.
O’bar is sold in 200g sizes priced between £9.20 and £10.55 depending on flavor, significantly higher than the typical retail price of a standard milk chocolate Toblerone at £2.50. Catherine’s Originals, founded in 2021 by Catherine Dodd, produces its chocolate in Walberton, Sussex, and distributes through markets, online channels, and subscription services. The company characterizes its product’s segmented design as representing the letter O for Originals.
Catherine’s Originals has rejected the allegations, with the company and its legal representatives stating they believe O’bar possesses its own distinctive design identity separate from Toblerone. The small business has indicated it intends to defend itself through the legal process. Mondelēz stated it has a responsibility to protect its intellectual property and claimed to have attempted resolving the dispute directly with Catherine’s Originals over a period of months without success.
Toblerone’s design has been the subject of previous trademark disputes. In 2017, Poundland’s Twin Peaks bar faced legal action from Mondelēz, though that product eventually relaunched after modifications to its packaging and shape. Additionally, Toblerone itself underwent packaging changes in 2023 to comply with Swiss marketing restrictions following shifts in its production locations.
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