The chocolate bar, which bears a resemblance to Mondelēz’s own Toblerone bar, must have its shape modified if Poundland wishes to continue producing it.
The retailer will be allowed to sell 500,000 bars that are currently in production, as long as they are in distinctive packaging that is different from light-gold wrapper of Toblerone.
A Mondelēz International spokesman said: “Poundland is an important and valued customer of Mondelēz International, so we are glad that we have reached a solution for their Twin Peaks bar that is clearly different from Toblerone.”
‘Reached a solution’
“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.”
Poundland originally intended to launch the Twin Peaks chocolate bar in July in response to Mondelēz’s redesign of the Toblerone bar, which saw the iconic confectionery’s weight reduced to combat rising costs.
Speaking in June, Poundland’s trading director Barry Williams said: “Poundland shoppers are savvy and the change in their favourite chocolate bar last Christmas didn’t go unnoticed.
‘Spaces in the right places’
“That’s why we’ve created a new £1 alternative for them – the size they wanted, with a British taste, and with all the spaces in the right places.”
The retailer claimed that after 20 years the Toblerone bar no longer had a distinctive enough shape to own trademark rights.
Production of Twin Peaks was halted after Mondelēz’s Swiss division served legal papers on Poundland over the look and shape of the bar.
Meanwhile, last year, Nestlé’s four-finger Kit Kat chocolate bars no longer became covered by EU trademark protection, after a European court ruled the bars were not distinct enough.