Toblerone’s Legal Battle with Poundland’s Twin Peaks Chocolate Bar
Background:
Toblerone, the iconic Swiss chocolate bar, found itself in a legal battle with British grocery chain Poundland over the latter’s copycat product, Twin Peaks. Poundland’s chocolate bar, featuring triangular peaks with slim gaps, bore a striking resemblance to Toblerone.
The Trademark Dispute:
Mondelez International, the owner of Toblerone, argued that Poundland’s Twin Peaks infringed on its trademark, as the shape of Toblerone was a distinctive feature protected by law. However, Poundland countered that Toblerone had lost its trademark protection due to a recent redesign that reduced the amount of chocolate in the bars and widened the gaps between the peaks.
The Compromise:
After three months of legal wrangling, the companies reached a compromise. Poundland was allowed to sell the 500,000 Twin Peaks bars already in production, but it had to change the packaging to differentiate it from Toblerone. The background color of the wrapper was changed from gold to blue, and the lettering from red to gold. Additionally, Poundland agreed to modify the shape of the chocolate peaks to better represent the Ercall and Wrekin hills, which inspired the Twin Peaks design.
The Inspiration Behind Twin Peaks:
Poundland created Twin Peaks in response to Toblerone’s redesign, which removed 10% of chocolate from its bars. Poundland claimed that its customers had missed out on 250 tonnes of chocolate due to the reduction. Twin Peaks was marketed as offering “30g more chocolate” than the slimmed-down Toblerone.
The Packaging Changes:
The packaging changes required by the compromise were designed to ensure that Twin Peaks was visually distinct from Toblerone. The blue background and gold lettering created a different color scheme, while the modified shape of the chocolate peaks further differentiated the two products.
The Legal Implications:
The Toblerone-Twin Peaks lawsuit highlighted the importance of trademarks in protecting the distinctive features of products. It also raised questions about the potential loss of trademark protection if a product’s design undergoes significant changes.
The Market Impact:
The legal battle and subsequent compromise had a significant impact on the market for chocolate bars. Poundland’s ability to sell Twin Peaks provided consumers with a more affordable alternative to Toblerone. However, the packaging changes ensured that consumers could easily distinguish between the two products.
The Future of Twin Peaks:
Twin Peaks bars went on sale at Poundland stores across the UK in December 2018. It remains to be seen whether the modified design and packaging will affect the popularity of the product. However, the legal battle and compromise have undoubtedly raised the profile of Twin Peaks and established it as a legitimate competitor in the chocolate bar market.
