Choc Peak dispute settled: Poundland v Toblerone
As previously reported on The Trademarkroom blog, Toblerone were flexing their trade mark muscles to Poundland who were pushing to release a copycat ‘Twin Peaks’ bar.
Poundland argued that their bar differed to the well-known Swiss peaks as it was based on the Wrekin and Ercall hills in Shropshire.
Toblerone started legal proceedings arguing that Poundland had taken advantage of Toblerone’s distinctive character in creating the new bar.
However, the legal battle took a more complex turn as Poundland hit back with a claim of lack of distinctiveness in the Toblerone shape registered trade mark.
However, it seems that there is now harmony in the hills are both parties have reached a settlement bringing their claims to an end.
Toblerone have agreed to allow Poundland to sell the 500,000 ‘Twin Peaks’ bars which are currently in production in December as long as they are in ‘distinctive packaging’, not conflicting with Toblerone gold wrapper.
Poundland will then have to relaunch the product in the New Year with a modified shape which will not conflict with Toblerone.
It seems that Mondelez, who are the confectionary brand who produce Toblerone has rolled over quite easily, seeing as they have the Toblerone bar shape registered as a trade mark and had good grounds to pursue the case all the way.
However, business revolves around money, and that is a reason why Toblerone have been so generous.
Poundland is a nationwide recognised business and a big seller of Toblerone products, Mondelez knew that without Poundland on their side, they would struggle to keep at the top of confectionary sales. This is reflected in Mondelez’s statement announcing the settlement, the statement as follows:
“Poundland is an important and valued customer of Mondelēz, so we are glad that we have reached a solution for their Twin Peaks bar.”
It is sweet dreams all round as another trade mark dispute is put to bed.
If you would like more information on trade marks, please contact The Trademarkroom team who will be happy to help you.
By Ellis Sweetenham