Earlier this year, I posted about a dispute between candy company Mars Inc. and a small business based in Wisconsin, selling handmade fine chocolates under the mark CocoVaa.

In March, Mars Inc. filed a federal trademark infringement complaint in the Eastern District of Virginia, asserting that its registered CocoaVia® mark (Reg. No. 4179465), for

While browsing my daily trademark news and digesting some recent chocolate-related trademark litigation, to be discussed below, I happened upon some interesting discussions and histories of slogans for candy, including in particular, the MARS® chocolate bar.

Back in 1960, Mars Inc. debuted its slogan for the MARS® chocolate bar: “A Mars a Day, Helps You

What best describes your work? Inexpensive? Cost effective? Robotic? Low budget? High volume?

Or, do you deliver excellence — unique, distinctive, valuable, sculpted, tailored, and handmade  solutions with your wealth of professional skill and expertise?

If your main focus is on delivering the lowest possible cost, you best be selling a commodity.

Creating and protecting 

Simon Bennett and Rachel Cook Fox Williams LLP

Chocolate giants Nestle and Cadbury have been trading blows in the UK and European Courts for several years. This latest round in front of the UK Court of Appeal related to Cadbury’s application to register the color purple (to be specific Pantone 2685C) for the packaging of

–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The decision (opinion here) is straightforward and not precedential.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

— Karen Brennan, Attorney

Mars recently introduced a new candy bar, Fling, marketed exclusively to women, advertised as “an un-regrettably indulgent new product for women”.  The website is predominantly pink and is littered with very stereo-typical one-liners meant to be sexy such as “you never know when you’ll want to have a Fling” and