Despite the obvious differences, Mondelez (manufacturer of Toblerone) complained that this was simple lookalikery and copycattery and threatened legal action. Poundland disagreed, arguing that Mondelez had effectively abandoned its own goodwill when it redesigned Tobelerones to have fewer mountains and wider valleys.
An interesting legal argument seemed to be brewing but business is business and, given that Poundland wholesale an awful lot of Mondelez's goodies, it’s not surprising that a compromise has now been reached. Poundland can go ahead with Twin Peaks but has agreed to redesign the packaging.
It’s all now down to a straight question of value for money and flavour - which product will prove to be the more popular in the vital Christmas market?
For advice on any intellectual property related issue, please contact Graeme Fearon.