“We own a colour trademark” says Mondelez

The power of a registered trademark –

The Dutch chocolate brand, Tony’s Chocolonely is known for its ethical attitude and commitment to combating child labour in the cocoa industry by making their chocolates 100% exploitation free.

In a new marketing campaign that was unveiled in Germany and Austria, Tony’s launched four new temporary parody chocolate wrappers with an aim to enhance the visibility of exploitation within the cocoa industry.

One of the new parody wrappers had a resemblance to the iconic bar for its particular lilac colour produced by major industry company, Milka.

The campaign has caused controversy in the chocolate industry as Milka’s parent company Mondelez has accused Tony’s of trademark infringement and filed an injunction over the copycat campaign.

Tony’s appealed the injunction but still agreed to comply in the meantime by changing the parody packaging from lilac to grey.

This is not the first time Tony’s campaigns have made headlines. Back in 2021, the company deliberately left one of its advent calendar windows empty and received a lot of complaints as a result.

It will be interesting to see how the case unfolds with the Dutch brand Tony’s being subject to legal proceedings as a result of its parody campaign. This case certainly does provide a useful reminder to companies when it comes to protecting one’s mark. The trademark registration will offer the maximum legal protection against other competitor companies.

If you would like to discuss what this case may mean for your business, or you would like to explore the possibility of registering your own trademark then please do not hesitate to contact our Commercial Solicitors on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk