Cadbury’s owner has told a family-run vegan chocolate maker in Devon to take its Christmas Snowballs off sale. It hasn’t.
Moo Free says Mondelēz International objected to the name of its White Choccy Snowballs, claiming it infringes Cadbury’s trademarks for Snowball and Snowballs, and demanded the product come off sale immediately.
The Holsworthy firm disputes the claim. Nothing has reached a court.
Two snowballs, one name
The two products share a name, a season and very little else.
Moo Free’s version is gluen-free, biscuit-flavoured rice balls coated in dairy-free white chocolate.
Cadbury’s Mini Snow Balls wrap Dairy Milk in a crisp white icing-sugar shell, a recipe that dates back to 1966.
Mondelēz has held Snowball and Snowballs as chocolate trademarks since 2001.
Which either settles it or doesn’t, depending on who’s paying the lawyers.
‘We do not accept that any infringement has been established’
Co-founder Mike Jessop refers throughout to Kraft Foods, which bought Cadbury in 2010 and spun its snacks business out as Mondelēz two years later.
“We’re sad and disappointed to share that Moo Free is also potentially facing legal action from Kraft Foods,” he said.
“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.”
A Christmas line it can’t afford to lose
The demand to pull the product is where it hurts.
“In addition to these claims, Kraft has also requested that we remove our product from sale immediately,” Jessop said.
“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.”
Toblerone got there first
Moo Free isn’t the only vegan brand on Mondelēz’s radar.
Catherine’s Originals is in a separate dispute over its O’bar, which Mondelēz alleges infringes rights tied to Toblerone’s distinctive shape.
Catherine’s Originals disputes the allegations.
“We are disappointed to find ourselves in this position, and we stand in solidarity with Catherine’s Originals as it addresses its own situation,” Jessop said.
What Cadbury says
Mondelēz frames its letter as more of a courtesy.
A spokesperson 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.”
Why It Matters
Creators launching snack, drink and merch lines tend to pick names that feel generic and friendly.
Snowball sounds like it belongs to everyone. It doesn’t.
And for a seasonal product, the threat alone does damage: a festive line pulled in November doesn’t come back in time to earn its money.
Bigger brands, smaller targets
Two small vegan chocolate brands now find themselves in public disputes with the same multinational, as free-from products push further into mainstream supermarket aisles.
Jessop says he hopes 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.”
Both sides say they want this settled.
Neither has said what that looks like, and Christmas is seven weeks away.
