Mondelēz International has initiated a legal confrontation with Moo Free, a small vegan chocolate brand, accusing it of trademark infringement. The giant food company sent a formal letter demanding that Moo Free immediately remove its White Choccy Snowballs from sale. These products consist of gluten-free, biscuit-flavored rice balls coated in dairy-free white chocolate. Mondelēz asserts that the use of the word 'Snowball' violates its intellectual property rights.
Cadbury Snow Balls were first introduced in the UK in 1966 and have been sold as Mini Snow Balls since 2023. The brand officially registered the terms 'Snowball' and 'Snowballs' for chocolate confectionery in 2001. Unlike Moo Free's rice-based product, Cadbury's version features Dairy Milk chocolate covered in a crispy shell of white icing sugar. This legal challenge arises shortly after Mondelēz took action against another vegan brand, Catherine's Originals, alleging that its O'bar copied the distinctive shape of Toblerone.
Moo Free stated it had been selling its Snowballs for approximately two years before receiving Mondelēz's demand just ahead of the Christmas season. Mike Jessop, co-founder of the Devon-based company established in 2010, expressed surprise at the aggressive nature of the letter. Jessop noted he was unaware of Cadbury Snow Balls due to his lactose intolerance and questioned whether a generic term like 'snowball' could be trademarked, distinguishing it from specific shapes like Cadbury's Freddo.
In a statement to customers, Moo Free acknowledged taking intellectual property concerns seriously but denied that any infringement had been established. The company expressed disappointment over the situation and voiced solidarity with Catherine's Originals while hoping for an appropriate resolution. A spokesperson for Mondelēz confirmed that no formal legal action has been taken yet but emphasized that they contacted Moo Free to inform them of their trademark rights, stating they remain open to an amicable settlement.
This dispute is not the first 'snowball fight' in the UK regarding confectionery definitions. In 2014, manufacturers Tunnock's and Lees of Scotland successfully argued against HMRC that their coconut-covered marshmallow treats should be exempt from VAT as they were sufficiently similar to cake. Following this ruling, snowballs defined as a dome of marshmallow coated in chocolate, sugar strands, carob, cocoa, or coconut were granted their own tax-free status.
Sources: The Guardian World.