5th December 2017

There can be only (tobler) one!

After the public outrage at the alarming rate of erosion suffered by a standard Toblerone last year, Poundland weighed in to the austerity chocolate market by announcing the launch of its “Twin Peaks” bar.  Apparently riffing off the Wrekin and the Ercall (both hills in Shropshire), Twin Peaks was to boast two pinnacles on each of its 10 segments, and more grams of chocolate per pound of cash to boot.

Toblerone old and new designs

Photo credit: David Parry/PA Wire/PA Images

Despite the obvious differences, Mondelez (manufacturer of Toblerone) complained that this was simple lookalikery and copycattery and threatened legal action. Poundland disagreed, arguing that Mondelez had effectively abandoned its own goodwill when it redesigned Tobelerones to have fewer mountains and wider valleys.

An interesting legal argument seemed to be brewing but business is business and, given that Poundland wholesale an awful lot of Mondelez’s goodies, it’s not surprising that a compromise has now been reached. Poundland can go ahead with Twin Peaks but has agreed to redesign the packaging.

It’s all now down to a straight question of value for money and flavour – which product will prove to be the more popular in the vital Christmas market?

For advice on any intellectual property related issue, please contact Graeme Fearon.

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