Mondelez International is taking legal action against UK chocolate start-up Catherine’s Originals, claiming a trademark infringement.

The lawsuit centres around the US-headquartered confectionery major’s iconic Toblerone brand and the O’bar line produced by Catherine’s Original, a vegan business set up by Catherine Dodd in 2021.

“We have a responsibility to protect our trademarks and intellectual property, which we take seriously,” a Mondelez spokesperson said in a statement provided to Just Food.

“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.”

Mondelez described the recognisable characteristics of Toblerone but did not detail the trademark gripe with Catherine's Originals.

“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,” the spokesperson added.

Dodd and her legal representative refute Mondelez’s claims, heading up a blog on the Walberton, Sussex-based company’s website with “no one likes a bully”.

She said the lawsuit is being filed by Kraft Foods Schweiz Holding GmbH.

“We strongly disagree with Kraft's claim against us and are working with our legal team to defend our position,” Dodd wrote.

“Kraft alleges that O’bar infringes the Toblerone trademark rights and could mislead people to believe there is a commercial connection with Toblerone. Its claim also includes allegations that O’bar takes unfair advantage of Toblerone’s reputation.”

Dodd emphasised how Catherine’s Originals is an “independent business with no commercial affiliation with Toblerone or Mondelez, and we do not believe O’bar infringes the trademark rights being asserted against it in the slightest”.

Stephen Lowry of Brandsmiths is representing the legal case for Dodd and Catherine’s Originals. Just Food has asked the executive for comment.

The company’s products are gluten-free as well as vegan and are sold at farmers’ markets and online.

“I respect businesses’ right to protect their intellectual property. However, I also believe those rights should be exercised fairly, and that small businesses should be able to stand up for their creations when they believe an allegation is wrongfully submitted,” Dodd said in her blog.