News

Choccy Giant Toblerone Loses Court Battle Against Small Startup

Toblerone has reportedly dropped its legal battle against a small startup company after the court ruled that they did not agree that the smaller company had copied the chocolate giant’s name and famous bar shape for its own triangular-shaped sweets.

Toblerone, owned by US confectionery company Mondelez International (formerly Kraft Foods), accused a newly-formed startup Swissone of imitating the famous shape of its honey and almond nougat chocolate bar in 2020.

In addition, the owners of Toblerone, which was established in 1908 in the city of Bern in Switzerland, claimed that as well as the bar design, Swissone also used the last part of their name.

Newsflash

Swissone defended itself by stating the ‘one’ part is pronounced differently, adding: “The bar does not portray mountains, but a shape that is reminiscent of waves and dunes.”

Helmuth Hofler, founder of the Zurich brand and trademark protection company Phaenomina, said: “The colour, typography, and prefixes are very different, and the basic arrangements of chocolate pieces also seem unproblematic to me.”

Disregarding the justifications, Toblerone claimed this undermined its popularity and Swissone was taken to court.

Newsflash

However, in December 2020 the Supreme Court in Bern ruled out any possibility of confusion or reputation exploitation which allowed the startup to freely continue with its production.

Also, Toblerone reportedly missed the deadline to appeal despite having the right to do so, which officialised the Supreme Court’s decision.

Vernon Stuber, founder and CEO of Cocoa Luxury, a parent company of Swissone, said: “It was never our intention to copy Toblerone. The fact that Mondelez is not proceeding further shows that another authority also has the same opinion.”

Newsflash

Stuber also revealed that the company is experimenting with other flavours and they hope to “expand the range by including one to three different varieties soon and take chocolate enjoyment to a higher level”.

A Mondelez spokesperson said that the US-owned company may not have said its last word yet, thereby reserving the right to initiate other legal action against Swissone in the future.

Don’t miss Our New Story!

We don’t spam! Read our privacy policy for more info.