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Toblerone Owner Sues Small British Chocolatier Over O'bar Shape

The High Court case will test whether a chocolate bar's three-dimensional shape is protectable as a trademark, with implications for how large firms enforce design rights.

Overview

  • Mondelēz International filed a claim at the High Court in London on Tuesday, accusing Catherine’s Originals of trademark infringement and passing off over its O'bar chocolate shape.
  • Founder Catherine Dodd says her 24-year-old Sussex business strongly rejects the allegations, describes the action as bullying and says the O'bar design was inspired by the letter 'O' and has no link to Toblerone.
  • Mondelēz says it tried to resolve the matter directly over several months and argues the Toblerone triangular peaks have been associated with the brand since 1929.
  • The central legal question is whether a product's three-dimensional shape can be registered and enforced as a trademark, a claim Mondelēz has pursued before in a 2017 dispute over a lookalike bar.
  • Catherine’s Originals risks major legal costs that its owners say could threaten the small business, and the High Court ruling will also clarify how far design protection reaches for independent makers.