Hershey Co. sues competitor Mars, claiming trademark infringement in candy packaging

[The Straight Story]

Hershey Co. sues competitor Mars, claiming trademark infringement in candy packaging

The Hershey Co, has taken one of its major competitors, Mars Inc., to court in a federal lawsuit over the packaging of chocolate and peanut butter candy.

Hershey contends in the U.S. Middle District Court case that packaging for Dove brand chocolate and peanut butter candy is too similar to that used for such products in Hershey's Reese's line.

At issue is the use by both firms of orange, brown and yellow color schemes in that packaging. Hershey accuses Mars of trademark infringement and unfair competition. Mars officials did not immediately return a phone call requesting comment on the case.




http://www.pennlive.com/midstate/index.ssf/2010/11/hershey_co_sues_competitor_mar.html

[aerie]

1. Not seeing Hershey's problem. n/t

[Motown_Johnny]

2. They can afford to spend more on the lawsuit than the smaller company

so they have created a frivolous lawsuit to harass their competitor


Hershey's doesn't have a problem, Mars does.

[BadgerKid]

3. Maybe the money saved from Hershey outsourcing

more than makes up for starting and losing ostensibly frivolous lawsuits in attempting to marginalize the competitor. IOW, a calcuated risk in efforts to becoming THE global candy bar company.

[CurtEastPoint]

4. The Mars family.

The Mars family is a family that owns the confectionery company Mars, Inc., bearing their name. The family was called the richest family in America by Fortune magazine in 1988.

Upon the death of Forrest Mars, Sr., he and his two sons were ranked #29, 30, and 31 by Forbes magazine's list of richest Americans, and they each had a worth of approximately $4 billion. As of 2009, Forrest Mars's three children are ranked by Forbes List of "The World's Billionaires" as #43, with $9.0 billion each <1>.

The family is fiercely protective of their privacy, refusing to give press interviews or, with the exception of Jacqueline Mars, be photographed in public.<2>

The Mars family was among 18 billionaire families who lobbied Congress to eliminate the estate tax. <1>. According to Public Citizen, since 1994 the families have spent approximately $500 million on lobbying efforts.

[SoCalDem]

5. Hershey patented brown & orange?

:rofl:

[Nye Bevan]

6. Wow. Blatant infringement.

I simply cannot tell those two wrappers apart.

[woo me with science]

7. Oh for pete's sake.

Squirrel Nut Zippers, introduced in 1905, discontinued late 1980's:


Goldenberg's Peanut Chews, introduced in 1917 and still available today:

[old mark]

8. I will never buy any Hershey's products again, ever, ever...not since they

closed their plants here in the USA and moved their production to Mexico. They made their products smaller, decreased the amoung of chocolate used to make them and increased prices at the same time as permanently laying off US workers, many of whom had been working for Hershey's for generations.

Hershey's are pigs and do not deserve any support - let them sell their shit in Mexico, if their workers there can afford to buy it...


mark

[earth mom]

11. I feel exactly the same way. nt

[eppur_se_muova]

9. "Orange"? Something wrong with my monitor?

That looks like peanut butter color, against a chocolate background.

[MilesColtrane]

10. Closer, but hardly an infringement in my expert legal opinion.