If you thought this would be about diamonds you are wrong. It is about chocolate!
My favorite candy REESE’S Peanut Butter Cup is at the heart of Hershey Co.’s (“Hershey”) recently filed suit against LBB Imports LLC (“LBB”). In other Hershey news, check out Steve Baird’s blog post here. I guess it is not just me because there have been over 7 billion (yes, billion!) in sales of REESE’S products during the last five years. Hershey has design trademarks for the well-known orange-colored background covering the entirety of the packaging for candy and chips for baking with peanut butter. (See Us. Reg. No. 2,256,226), as well as for the shaping of the candy (U.S. Reg. Nos. 4,082,233 and 3,492,642).
Hershey alleges that LBB’s TOFFEE CRISP products infringed its trademark, constituted false designation of origin and unfair competition, and trademark dilution. What do you think?
Hershey is also suing LBB for additional products too. They include: YORKIE (alleged to infringe on the YORK® trademark), MALTESERS (alleged to infringe on the MALSTER® trademark), CADBURY (alleged to infringe on CADBURY®), and KIT KAT (alleged to infringe on KITKAT® trademark and trade dress).
The CADBURY egg has been around since 1855 and Hershey owns the exclusive license to use the famous registered mark in the United States. LBB is alleged to also be selling a product with the name Cadbury.
Finally, there are allegations of copyright infringement and unfair competition related to the kid favorite KitKat®. What do you think?
We will have to wait and see if Hershey prevails in the chocolate wars.