The young entrepreneur behind a vegan chocolate company fighting a trademark lawsuit against Toblerone fears the legal battle could force her business to collapse.
Catherine's Originals, which sells plant-based, gluten-free and dairy-free chocolate, has been accused by Mondelez International of trademark infringement and 'passing off' the iconic Toblerone pyramids with its O'bar range.
But Catherine Dodd, the 24-year-old businesswoman behind the Sussex company, has fired back at the US snacks giant, claiming it is 'attempting to bully us into submission'.
Her company's O'bar chocolates are designed as traditional rectangular bars divided into segments, each with a round semi-oval shape on top.
But Mondelez International, which is owned by Kraft, is now taking the business to court after they were 'unable to reach an agreement', with the US multinational saying it has a 'responsibility to protect our trademarks and intellectual property'.
Ms Dodd, who described the lawsuit as 'frightening', launched Catherine's Originals with her boyfriend Jamie Miller five years ago.
The couple, from Horsham, built the company up from selling their chocolates at Brighton Christmas Market in 2021.
However Ms Dodd now fears her independent business is at risk of collapse, saying 'legal costs could wipe us out' as she prepares to defend it from Toblerone's owners, whom she accuses of 'bullying'.
Catherine Dodd, 24, founded her vegan chocolate company Catherine's Originals in 2021
Their business specialises in creating plant-based, gluten-free and dairy-free chocolate. Ms Dodd became vegan at the age of 12
The iconic mountain peak featured on bars of Toblerone chocolate. Mondelez International, a Kraft subsidiary, is suing Catherine's Originals over alleged trademark infringement (File image)
She told the Daily Mail: 'We believe Kraft knows that bringing a lawsuit against a small company like ours puts the entire Catherine's Originals business at risk.
'To us, this feels like an attempt to bully us into submission. Many existing customers and new people who have never even heard of us before now, have asked how they can help to defend O'bar and stand up to Kraft... We are not going to be bullied.'
Ms Dodd went vegan at the age of 12 and after feeling let down by the bland and 'uninspiring' plant-based options on the market founded Catherine's Originals at 18 with the help of her boyfriend Mr Miller, 25.
'At first it was just me, Jamie and my family, making chocolates by hand in rented kitchens,' she said.
'We would make up to 3,000 chocolates during the day, then spend our evenings wrapping them all. So much went into every single box.
'We launched at Brighton Christmas Market in 2021, and seeing people get excited about something I had wanted for so long was an incredible feeling; they wanted it too. For me, that was enough to go all in.'
The couple poured their inheritance and life savings into the business and with the added help of investments from friends and family moved to a factory in West Sussex in 2023 as 'there were only so many chocolates we could physically make and wrap by hand in a day'.
The company grew to wrapping 15,000 chocolate bars per day with a team of ten people.
Ms Dodd and her boyfriend Jamie Miller, 25, met shortly before they launched the company after they met on a dating app (pictured together)
Mr Miller poses with a fresh batch of Catherine's Originals chocolate at their factory in Sussex
The company wraps 15,000 chocolate bars per day. Production moved to the factory in 2023
Ms Dodd met Mr Miller shortly before launching the company after they matched on a dating app and they 'hit it off straight away'.
'I told him about Catherine's Originals on our very first date. It was this enormous ambition I had, and he listened and took it seriously,' she said.
'When you're just starting out, having someone believe in an idea that means so much to you makes a real difference at the start.
'Jamie helped with the business alongside his degree, and after graduating, he joined me in the chocolate world.
'We've been building it together ever since. We've grown as a couple while learning how to run a business, which has meant a lot of hard work, figuring things out as we go.
'It might be my name on the packaging, but Catherine's Originals would not be where it is today without Jamie, our team and everyone who has helped us along the way.'
The 24-year-old entrepreneur said her dream is to open an immersive chocolate shop that is 'colourful, playful, full of things to discover' and that has the 'magic of the chocolate shops you may find in a film, in a wonderland'.
'I want Catherine's Originals to make the most delicious, exciting, imaginative chocolate we possibly can,' she told the Mail.
'When someone is thinking about dairy-free, vegan, gluten-free, or just tasty chocolate anywhere in the world, I want them to think of us.'
But her plans could be thwarted as she prepares to defend her independent business in court against the Kraft subsidiary Mondelez International, whose brands also include Cadbury, Milka, Oreo and Belvita.
The 'O' in Ms Dodd's O'bar line is short for 'Originals' and the chocolate's rounded segments reflect the curved shapes throughout the company's product line.
Flavours include Dark Ginger, Cool Mint, Cookie No Crumble Cheesecake, Pumpkin Spice, Coconut Coast, Cinnamon Swirl and Honey Honey Honey – with prices starting from £9.20 up to £10.55 – and a new one is added to the range every month.
'A huge amount of thought, work and love has gone into it,' said Ms Dodd.
'That is why this dispute is so upsetting. We strongly disagree with Kraft's claim and are working with our legal team to defend what we've created.
'We're proud of O'bar's rounded design, colourful packaging and identity as a Catherine's Originals product.
'We never set out to mislead anyone or pretend to be another chocolate brand. I absolutely respect the right of businesses to protect their intellectual property.
Catherine Dodd, 24, and her boyfriend Jamie Miller, 25, launched Catherine's Originals in 2021 (pictured together selling chocolate at a market stall)
Flavours include Dark Ginger, Cool Mint, Cookie No Crumble Cheesecake, Pumpkin Spice, Coconut Coast, Cinnamon Swirl and Honey Honey Honey
'But I also believe small businesses should be able to create something different, and defend themselves when they believe an allegation is wrong.'
Ms Dodd added: 'Facing court proceedings is frightening. Knowing that the cost of defending O'bar could put the entire business at risk, is a really challenging thing to get my head around.'
But instead of launching a fundraiser to help fight the case, the company has released the £50 'Battle Bundle' O'bar set.
For every bundle sold, £7.50 will go towards legal costs. It includes a selection box and three O'bars of choice.
Ms Dodd's lawyer, Stephen Lowry, of Brandsmiths, said: 'Our client disagrees with the claim and considers O'bar to have its own distinctive design and identity.
'We look forward to addressing the matter through the appropriate legal process, especially to ascertain whether the registered trade marks for the shape of the Toblerone are even valid and enforceable.'
A spokesman for Mondelez International told the Daily Mail: 'The iconic Toblerone shape is one of the most recognised and distinctive product designs in the UK and across the world, and has been a hallmark of the brand since 1929.
'We have a responsibility to protect our trademarks and intellectual property, which we take seriously.
'We have attempted to resolve this matter constructively and directly with Catherine's Originals over several months but unfortunately have been unable to reach an agreement.
'We cannot comment further on ongoing legal matters.'
The Mail understands that Mondelez International has tried to engage constructively with Catherine's Originals over the dispute since August last year.
This included extending response deadlines to facilitate a settlement.
The spokesman said legal action was a 'last resort', and that the company had wanted to 'reach an amicable resolution'.
READ MORE: Toblerone sues British chocolate maker for 'copying' their famous shape
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