Aug 22, 2017

Toblerone sues Poundland over 'Twin Peaks'

We reported on Toblerone's change of shape in 2016 here. Poundland recently announced the launch of its newest chocolate product, Twin Peaks. Modelez, owner of Toberlone, has issued court proceedings against Poundland in respect of its new product.

The famous Toblerone chocolate bar has chocolcate 'peaks' reminiscent of the Matterhorn in Switzerland; Twin Peaks is in a similar shape to Toblerone but incorporates two 'peaks' on each 'peak', and is packaged in soft packaging. Modelez is reportedly claiming that Twin Peaks is confusingly similar to Toblerone in terms of shape, packaging and branding. Poundland is reportedly claiming that the shape of the Toblerone is no longer distinctive enough to be a valid trademark.

Poundland had hoped to launch its new product last month but has delayed the launch following receipt of court proceedings issued by Modelez. According to the Guardian, Toblerone has been one of Poundland's most successful products, with 11 million bars sold last year. It may be that Poundland had seen Toblerone's change of shape,and the consumer disappointment that followed, as an opportunity to introduce a rival product produced in house, achieving better profit margins. It will be interesting to follow developments in this case.

If you have any questions on the above, please do not hesitate to contact the team at McDaniel & Co. on 0191 281 4000 or legal@mcdanielslaw.com.

Posted by: in: Case Law, News, Passing Off

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