Mondelēz International, owner of Cadbury, is reported to have sent a letter before claim to vegan chocolatiers Moo Free to allege trade mark infringement. Mondelēz’s allegations of infringement relate to Moo Free’s use of the word snowball in relation to chocolate. Cadbury UK Limited, a subsidiary company of Mondelēz, owns a registered trade mark for “SNOWBALL” in class 30 for “chocolate; none being ice cream or frozen confectionery”.
Moo Free has supposedly been selling its own snowball chocolates to consumers for at least two years prior to receiving Mondelēz’s Letter Before Claim, with co-founder Mike Jessop stating that he was unaware of Cadbury’s Christmas-themed snowball chocolate products. Moo Free has publicly stated that it does not accept Mondelēz’s allegations of trade mark infringement, and is seeking counsel as to its prospects of success in applying to invalidate Mondelēz’s trade mark on the basis of descriptiveness.
This may be an uphill battle for Moo Free. With Cadbury’s established trade and use of the ‘SNOWBALL’ mark, the vegan chocolatiers may struggle with cementing a compelling basis for arguing invalidation, and Mondelēz would certainly look to rely on its reputation in infringement proceedings. However, there may be scope yet for an amicable conclusion given the current stage of the matter. This matter follows also from Mondelēz issuing a claim against Catherine’s Originals in relation to a passing off and trade mark infringement filed in the High Court in late October 2026, with the two unrelated defendant companies exchanging solidarities online. Time will tell how these cases develop.
If you have any questions on the above, or if you need any advice or support in respect of your own intellectual property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
