A tiny British vegan chocolate business has found itself in a David and Goliath battle with one of the world’s biggest confectionery companies over a festive treat.
Moo Free, a family-run firm, has been challenged by Cadbury owner Mondelēz International over its White Choccy Snowballs.
The chocolate giant claims the name infringes its registered trademarks for Snowball and Snowballs, and has reportedly sent the smaller business a legal letter demanding that the products be removed from sale immediately.
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But Moo Free is refusing to back down, insisting that no infringement has been established and warning that being forced to withdraw the treats would cause significant financial damage.
The dispute centres on the name of the vegan confectionery, which consists of gluten-free, biscuit-flavoured rice balls coated in dairy-free white chocolate.
Cadbury’s Mini Snow Balls, by comparison, are made from Dairy Milk chocolate covered in a crisp white icing-sugar shell.
The established Cadbury product dates back to 1966, while the words “Snowball” and “Snowballs” have been registered as trademarks for chocolate products since 2001.
Mondelēz has not launched legal proceedings against Moo Free, but says it contacted the company to make it aware of its trademark rights.
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It has also indicated that it remains open to an amicable resolution, as reported by Absolutely Business.
Moo Free co-founder Mike Jessop said the company, based in Holsworthy, Devon, was sad and disappointed to find itself facing potential legal action from the group.
He said: “We’re sad and disappointed to share that Moo Free is also potentially facing legal action from Kraft Foods.
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“Just as Kraft alleges that Catherine’s O’bar infringes its Toblerone trademark rights, Kraft alleges that our White Choccy Snowballs product infringes trademark rights associated with Cadbury Snow Balls.
“Kraft also alleges that we are taking advantage of the reputation associated with the Cadbury product and potentially causing confusion in the minds of shoppers.
“Moo Free takes intellectual property concerns seriously.
“However, we do not accept that any infringement has been established and have responded accordingly.”
Jessop said the demand to remove the product from sale would be particularly damaging for a business of Moo Free’s size.
He added: “In addition to these claims, Kraft has also requested that we remove our product from sale immediately.
“Aside from the operational and practical challenges this would bring, doing so would cause significant financial damage to a family-run business of our size.
“We’ve been making vegan and dairy-free products since 2010, and this year we have been proud to announce that we are ‘Free From 14’, meaning our products are free from the top 14 allergens in the UK.
“We care passionately about, and remain committed to, creating products that are both delicious and safe for those with allergies and intolerances.
“We are disappointed to find ourselves in this position, and we stand in solidarity with Catherine’s Originals as it addresses its own situation.
“We hope to resolve these matters appropriately so that we can continue to focus on what we do best: making ‘treats you can trust’ that more people can enjoy.”
The row follows a separate legal dispute involving Mondelēz and another vegan confectionery business, Catherine’s Originals, over its O’bar product.
Mondelēz alleges that the shape of the product infringes rights associated with Toblerone’s distinctive product configuration. Catherine’s Originals disputes the allegations.
No court proceedings have been filed in the Snowballs dispute.
A spokesperson from Mondelēz International said: “Cadbury Snowballs 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.”
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