Mondelēz and Catherine’s Originals trademark dispute: Key facts
- Mondelēz filed High Court papers against Catherine’s Originals on 15 October 2026
- Dispute centres on O’bar’s resemblance to Toblerone’s distinctive shape
- Mondelēz alleges trademark infringement and passing off by O’bar
- Catherine’s Originals rejects claims and plans a legal defence
- Case highlights ongoing importance of protecting distinctive confectionery trademarks
Mondelēz International is suing chocolate maker Catherine’s Originals.
The owner of Toblerone is taking legal action against the British brand, alleging it copied the Swiss bar’s iconic shape.
It centres on Catherine’s Originals’ vegan O’bar, a chocolate bar featuring a series of rounded, semi-oval segments.
Mondelēz argues the product infringes its trademark rights in Toblerone’s distinctive shape and could lead consumers to assume the two brands are commercially linked.
Court papers were filed in the High Court of England and Wales on 15 October 2026 by Kraft Foods Schweiz Holding GmbH, a subsidiary of Mondelēz International. The ongoing case is listed as a “passing off and trade marks” dispute.
“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,” said Mondelēz in a statement. “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.”
The allegations have not yet been tested in court and no judgment has been issued in the case.
Protecting confectionery trademarks
The case highlights the value of distinctive product shapes within the confectionery sector.
For many brands, visual cues such as a product’s shape, packaging and branding play a key role in consumer recognition and can become some of a company’s most valuable intellectual property assets.
As a result, manufacturers often take action against products they believe could cause confusion among consumers or dilute the distinctiveness of established brands.
Toblerone’s shape has been at the centre of trademark disputes before. In 2017, Mondelēz challenged Poundland’s Twin Peaks chocolate bar, arguing that it too closely resembled Toblerone’s distinctive design. The dispute was eventually settled after changes were made to the product’s packaging and shape.
Catherine’s Originals response
Founded by Catherine Dodd in 2021, Catherine’s Originals produces premium vegan chocolate products.
In response to the claims, Dodd made the following statement:
“We stand firmly behind the product and identity we’ve created. We strongly disagree with the claim concerning O’bar and are working with our legal team to defend our position.”
Dodd has previously said the shape reflects the ‘O’ in Originals, which forms part of the company’s wider branding, and that Catherine’s Originals has no commercial affiliation with either Toblerone or Mondelēz.
The brand’s legal adviser, Stephen Lowry of Brandsmiths, added:
“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.”
Mondelēz International and Catherine’s Originals are yet to respond to requests for further comment.
