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Tag Archives: Hershey

Trick or Trademark? Mars Says Hershey’s Can’t Own “SCARY” Candy.

Posted in Advertising, Branding, Fair Use, Food, Idea Protection, Marketing, Trademarks, TTAB, USPTO

Sandwiched between 90 degree days in a Minnesota summer, the idea of Halloween wasn’t on my radar – until I learned about the latest dispute between candy giants Mars and Hershey’s. Mars and its subsidiary own many well-known candy brands, including M&Ms, Snickers, Twix, Skittles, Life Savers, and others. Not to be outdone, Hershey maintains… Continue Reading

When Can You Show Real Fruit on a Package?

Posted in Advertising, Articles, False Advertising, Food, Marketing, Product Packaging

The short answer is, when it’s not false or misleading about the product inside the package. This past weekend, my daughter and I found ourselves in Costco, picking up some provisions, and this bag of non-provision somehow happened to land in our shopping cart: Almost protesting, based on a prior experience with Hershy’s Brookside dark… Continue Reading

A Less Possessive Hershey’s Brand?

Posted in Branding, Food, Marketing, Trademarks, Truncation, USPTO

The possessive form of the Hershey’s brand dates back to at least as early as 1894, according to U.S. Reg. No. 54,041 — a more than 100 year old trademark registration from 1906. Last week, Brand New reported on Hershey’s new logo and corporate identity — without the apostrophe and letter “s” at the end: I’m guessing that the possessive form… Continue Reading

Hershey Bar Configuration Mark Allowed

Posted in Non-Traditional Trademarks, Product Configurations

–Dan Kelly, Attorney Late last month, Hershey Chocolate and Confectionary Corporation won an appeal at the Trademark Trial and Appeal Board to register the following as a configuration mark for use in connection with candy and chocolate: The decision (opinion here) is straightforward and not precedential.  It is somewhat interesting in that Hershey had already… Continue Reading

Reese for Sheriff?

Posted in Advertising, Branding, Dilution, Fair Use, First Amendment, Food, Guest Bloggers, Product Packaging, Trademarks

Hat tip to Dave Taylor who provided this photo for some discussion: Looks like a fellow named Mark Reese, currenting Acting Sheriff, is running for Sheriff in Lancaster Country, Pennsylvania, right in Hershey’s backyard. Do you suppose this Hershey’s trade dress may have inspired the Acting Sheriff’s campaign?  Your thoughts on whether Hershey’s has a claim?… Continue Reading

The Great Chocolate War

Posted in Advertising, Branding, Guest Bloggers, Infringement, Law Suits, Marketing, Product Packaging, Trademarks

—Jason Voiovich, author of the “State of the Brand” & Vice-President of Marketing for AbleNet, Inc. It sounds like something I’d get wrong in a game of "Trivial Pursuit". Name the belated military attempt of King William I to restore his position as monarch over the Belgians. I might have guessed the delicious-sounding "great chocolate… Continue Reading