Toblerone & Trademark Triangulation

The New York Times: “When the makers of the distinctive Swiss confection Toblerone reconfigured their triangular treat last year to slim down its hallmark summits and widen the valleys between them, a potential rival — Britain’s Poundland discount chain — saw a niche in the market … while the classic Toblerone bars had become lighter in weight in the reconfiguring — though their price remained the same — Poundland’s bar would be chunkier and cheaper, at one pound, or about $1.35, each.”

“Not, of course, that this was some crude copycat. If, as some contend, Toblerone was modeled on the soaring pyramid of a mountain — the Matterhorn on the Italian-Swiss border, which is about 14,690 feet high — Poundland’s bar was said to have been inspired by two less vertiginous hills in the English county of Shropshire near the border with Wales — the Ercall, at 460 feet, and the Wrekin, at 1,335 feet. Hence the shape of the Poundland bar, with a double set of summits between each valley. And hence its name: Twin Peaks, with what Poundland called ‘a distinctive British flavor compared to Toblerone’s Swiss chocolate nougat’.”

After some legal wrangling, Poundland “was permitted to begin selling in its nearly 900 stores the 500,000 bars already in production — provided it changed the background color of their wrappers from gold to blue. And the lettering was changed: to gold, from the original red. Once the initial 500,000 bars have been sold, Poundland said in a news release, it will ‘revise the shape’ so that the bar ‘better represents the outline of the Wrekin and Ercall hills’.”

Facebooktwittergoogle_plusredditpinterestlinkedinmail

Your Thoughts?