There can be only (tobler) one!

By Brand Heeler

After the public outrage at the alarming rate of erosion suffered by a standard Toblerone last year, UK discount supermarket chain Poundland has 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 very scenic hills in Shropshire, England), Twin Peaks was to boast two pinnacles on each of its 10 segments, and more grams of chocolate per pound of cash to boot.

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?

This article contains our thoughts and opinions on an issue of general interest and is written from the perspective of Australian and/or English law. It is not legal advice and is not provided in the context of a solicitor-client relationship. It may not even be relevant to your jurisdiction. No duty of care is assumed or accepted. Please carry out appropriate research and consult with a suitably qualified legal expert before taking any action or making any decisions.

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