- Poundland to finally launch its copycat bars for £1 from Monday, December 4
- The bars have two peaks instead of just one and come in blue packaging
- But Toblerone’s makers Mondelez say the shape is too similar to a Toblerone bar
- Only 500,000 of the bars will go on sale before they are redesigned
It was a legal battle as tense as the cult TV show it shares a name with.
But now Poundland has finally launched its £1 ‘Twin Peaks’ Toblerone-style chocolate bars after a lengthy wrangle over the shape of the nougat bar.
Toblerone’s makers, Mondel?z, claimed that Poundland’s bar – which has two peaks instead of one – was ‘deceptively and confusingly similar’ to the iconic Swiss bar.
But Poundland’s lawyers argued that the shape could no longer be trademarked after Mondel?z controversially widened the gaps between peaks earlier this year.
Toblerone’s makers Mondel?z argued that Poundland’s copycat double-humped bar (front) was too similar to its iconic Swiss nougat bar (back)
Poundland will finally launch its copycat Toblerone-style bar Twin Peaks next Monday after a legal battle with the makers of the Swiss chocolate nougat bar, Mondel?z
Poundland has now been allowed to sell 500,000 of the bars which have already been produced. They will go on sale before it is redesigned and relaunched in January under the terms of the legal agreement.
The £1 bars will go on sale from next Monday in 850 stores around the country.
The bar – which has 30g more chocolate than Toblerone’s 150g bar – is said to have a ‘distinctive British flavour’ compared to Toblerone’s Swiss chocolate nougat
Poundland already sells Toblerone bars for just £1, but says that its copycat version has 20 per cent more chocolate.
Poundland had to change the packaging from a light gold wrapper with a mountain logo to a blue one without a picture of a mountain as it was deemed too similar to Toblerone
It decided to launch a similar bar after Toblerone reduced the amount of chocolate in its bar due to ‘shrinkflation’ earlier this year.
But the discount store chain has had to change the packaging from light gold to blue to make it distinctive from the famous Swiss bar.
Poundland’s bars has two ‘humps’ between gaps, unlike Toblerone’s bar which only has one peak.
However Mondel?z delayed the launch of the bar as it claimed that the two bars were too similar in shape.
Poundland had claimed that the shape could no longer be trademarked – as it has been for the last 20 years – after Mondel?z changed the shape earlier this year due to ‘shrinkflation’ caused by the rising price of ingredients.
The company controversially widened the gaps between peaks, leading Poundland to argue that the public considers the new bar ‘unfavourably in comparison’ to the original, according to legal papers.
Only 500,000 of the bars will be on sale before Poundland relaunches it again with a different shape and design
The discount store chain argued that its double humped-bar, inspired by the Wrekin and Ercall hills in Shropshire near its head office, was different enough to Toblerone to go on sale.
But Mondel?z hit back to argue that the Poundland bar had infringed its trademark rights.
The two companies have now come to an agreement, and 500,000 of the Twin Peaks bars will be sold before Poundland relaunches a redesigned version that is more distinctive from Toblerone’s bars.
Poundland’s trading controller Chris Burns: ‘In the last 12 months we believe our customers alone have missed out on 250 tonnes of chocolate after the size of their favourite item was chopped.
‘That’s why we began development on Twin Peaks in the first place’.
‘Although it’s been a longer climb than we expected, we’re pleased customers will finally get to taste our Twin Peaks – 180g of delicious, British-made chocolate, for just £1’.
A spokesman for Mondelez said: ‘Poundland is an important and valued customer of Mondelez so we are glad that we have reached a solution for their Twin Peaks bar that is clearly different from Toblerone.
‘Toblerone is one of the most loved, unique, best value Swiss-made chocolate products in the world. Its high quality, special Swiss recipe and triangular peaks have been delighting people around the World since 1908, and we believe will continue to do so for future generations of chocolate lovers too.’
The legal battle echoed Nestle’s fight with Cadbury, which is also owned by Mondel?z.
Cadbury tried to keep Nestlé from registering the iconic KitKat shape, and this summer, it triumphed.
The Court of Appeal ruled that the shape of a KitKat was not protected.
Courtesy: Daily Mail Online