A chocolate bar's shape is at the center of a lawsuit pitting an independent British vegan brand against the world's biggest candy company.
Toblerone's owner is suing Catherine's Originals over design.
Here's what to know
For Catherine's Originals founder Catherine Dodd, the dispute means defending the business she started in 2021 at just 18, according to Plant Based News.
Toblerone's trademark rights form the basis of the claim against Catherine's Originals' O'Bar.
The allegation comes from Kraft Foods Schweiz Holding GmbH, a Swiss entity within Mondelēz. The company alleges shoppers might assume a connection between the products.
The bars differ in packaging, overall appearance, and shape — O'Bar has chunky, semi-oval segments rather than Toblerone's familiar triangles.
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Catherine's Originals notified customers of the allegations by email. Working with the company's legal team, Dodd is challenging the claim.
"We stand firmly behind the product and identity we've created," she said, per The Guardian.
The award-winning indie brand is up against food giant Mondelēz, which has approximately $38.5 billion in annual revenue.
More background
Catherine's Originals is not the first plant-based business to face a trademark or labeling challenge from a larger food company.
A judge found that shoppers were unlikely to confuse Glebe Farm's PUREOATY products with Oatly's and dismissed the oat milk giant's infringement and "passing off" allegations.
The case concerned PUREOATY's branding and packaging, and Oatly brought it in 2021, Plant Based News noted.
Similarly, Unilever withdrew a 2014 lawsuit against plant-based brand Just Mayo.
The Hellmann's owner argued that the product's presentation was misleading because its recipe contained no eggs.
What's being done?
Catherine's Originals plans to contest the allegations in court.
"Our client disagrees with the claim and considers O'Bar to have its own distinctive design and identity," said Stephen Lowry, the company's legal adviser, per Plant Based News. "We look forward to addressing the matter through the appropriate legal process."
Fans of Catherine's Originals balked at the suit in a post on Reddit's r/VeganUK, where one commenter called Mondelēz's actions "despicable."
"It is clearly not at all associated with Toblerone," the same user wrote.
Another said news of the suit had already prompted a purchase.
"Terrible, will absolutely be supporting Catherine's, ordered a couple or bars and finally pushed me to get the advent calendar too. Toblerone don't even cater [to] the same demographic?!"
"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," Dodd told the Guardian.
"But being a smaller business does not mean being afraid to stand up for what we've created."
Where can I learn more?
Vegan businesses face pressures beyond trademark disputes, and major food companies have their own legal and environmental controversies. These stories cover restaurant closures, Mondelēz's alleged lobbying, and lawsuits over food marketing.
• California vegan restaurants are closing as one owner calls dining out a luxury.
• Mondelēz allegedly lobbied to weaken and delay the EU's deforestation law, a watchdog says.
• An FDA move against Chobani triggered new lawsuits over zero sugar claims and allulose.
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