Mondelez has demanded free-fromchocolate challenger Moo Free pull its White Choccy Snowballs from shelves, claiming the treat infringes on Cadbury’s trademark for the words ‘Snowball’ and ‘Snowballs’.
In a legal letter sent to Moo Free, seen by The Grocer, the confectionery giant alleged that Moo Free’s “use of our Snowballs mark in your product name infringes our intellectual property rights”.
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Mondelez has called on the challenger to “immediately and permanently cease” selling any products bearing “identical and/or confusingly similar” references to its ‘Snowballs’ marks in relation to chocolate confectionery in the UK.
“We trust that you will treat this matter with urgency and that it will be possible to resolve it without the need for litigation,” the letter said.
Cadbury registered the words ‘Snowball’ and ‘Snowballs’ as trademarks for chocolate confectionery in 2001.
Mark Jessop, co-founder of Moo Free, said the allegations were “not accepted based on the information provided so far”.
“Further evidence and an explanation of its claims are needed, alongside specialist legal advice, before a final decision can be made,” he told The Grocer.
Jessop explained that Moo Free would “prefer to retain the name White Choccy Snowballs”, although alternative names were “being considered”.
He estimated that changing the packaging would cost tens of thousands of pounds if the brand was forced to recall White Choccy Snowballs, stocked by Asda, Morrisons, Sainsbury’s, Ocado and Amazon.
“The demand to stop sales immediately puts considerable pressure on a small business, particularly with Christmas approaching,” he said. “A constructive discussion and a proportionate solution would be much more welcome.”
Moo Free had previously reached coexistence agreements with larger businesses where trademarks overlapped, he said, adding he hoped the dispute could similarly be “resolved through dialogue”.
Other products featuring the name Snowballs were also available in supermarkets, Jessop pointed out.
Devon-based Moo Free was founded in 2010 by Mike and Andrea Jessop with the promise to “help children with food allergies enjoy the treats others take for granted”.
The brand produces chocolates for shoppers with food allergies, intolerances and vegan diets, with its products sold in supermarkets’ free-from sections rather than alongside mainstream confectionery brands, such as Cadbury.
Mondelez response
Approached by The Grocer, a Mondelez spokesperson said: “Cadbury Snow Balls are one of our most popular Christmas products, enjoyed by households across the UK. No legal action has been taken, but we have been in touch with Moo Free to make them aware of our trademark. We are open to reaching an amicable resolution.”
Daniel Kelly, legal director in the IP team at law firm Shakespeare Martineau, said the case served as a “timely reminder for businesses to conduct clearance searches before launching a new brand or product name”.
This would allow “potentially conflicting third-party rights to be identified before significant investment is made in packaging, production, marketing and retailer listings”, he said.
Kelly added: “Although this is another example of a smaller business receiving an enforcement letter from a much larger confectionery business, Cadbury’s public response does appear less aggressive than the demands in its reported correspondence. Emphasising that proceedings have not been issued and that an amicable resolution remains possible may help to manage potential reputational fallout.”
Laurie Bray, a senior associate trade mark attorney at European intellectual property firm Withers & Rogers, noted Moo Free was selling its product for around two years before the trademark dispute came to light.
“Mondelez has said that it is open to amicable settlement,” she said. “Given that the Moo Free product is marketed as a vegan product, and Cadbury Snow Balls are not, the distinction between the two products may be the starting point for a commercial agreement between the companies.”
It comes after veganchocolate startup Catherine’s Originals was accused by Mondelez of copying Toblerone’s distinctive shape last week.
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