Toblerone v The O’Bar

For chocolate lovers, Toblerone’s distinctive peaks are instantly recognisable. But how close can another chocolate bar get before its shape becomes an issue? A dispute between Toblerone’s owner, Mondelēz, and British vegan chocolate brand Catherine’s Originals could bring that question into focus.

The dispute

Mondelēz has issued proceedings in the High Court in London alleging trade mark infringement and passing off in relation to Catherine’s Originals’ O’Bar (‘O’Bar’). The product is a segmented chocolate bar with rounded, semi-oval humps, rather than Toblerone’s well-known peaks.

Catherine’s Originals was founded by Catherine Dodd (‘Dodd’) in 2021 and makes its chocolate in Sussex. Dodd says the bar’s shape reflects the ‘O’ in Originals. The business disputes the allegations and maintains that O’Bar has its own distinctive design and identity.