Toblerone sues Poundland over trademark shape of ‘Twin Peaks’ bar

Poundland recently announced the launch of its latest chocolate product, Twin Peaks. Modelez, owner of Toblerone, has now issued court proceedings against Poundland in respect of its new product.

Confusingly Similar 

Towards the end of 2016, following the devaluing in the pound after the Brexit referendum result, Toblerone managed not to increase its UK price by changing its shape by reducing the amount of chocolate within its distinctive packaging. It did this by increasing the gaps between the chocolate peaks. Reducing the amount of a product, particularly when it comes to confectionery, to keep its price low is not unusual – it even has its own name “shrinkflation”.

The famous Toblerone chocolate bar has chocolate ‘peaks’ reminiscent of the Matterhorn in Switzerland. Twin Peaks is also a chocolate and nougat bar of similar shape and packaging, but with two chocolate peaks rather than Toblerone’s one peak and, to keep customers happy, weightier than the shrunk Toblerone.

Modelez is reportedly claiming that Twin Peaks is confusingly similar to, or passing off, Toblerone in terms of shape, packaging and branding as well as infringing the shape of its trademark. Poundland is reportedly claiming that the shape of the Toblerone is no longer distinctive enough to be a valid trademark.

Comment

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 Times, Toblerone has been one of Poundland’s most successful products, with about 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. Of course, if Toblerone let other chocolate bars infringe their trademark it will inevitably lose its distinctiveness, so it needs to take action now or risk losing the grounds for any actions in the future. Watch the shelves to see what happens?

For further information or advice on trademarks for product shapes or packaging, contact us.

Tidman Legal is a firm of specialist intellectual property lawyers based in Edinburgh.