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Can A Moron In A Hurry Tell The Difference Between A Hershey Bar And A Couch?

from the yummy-cushions... dept

There are some legal decisions that just make no sense. Gunnar writes in to let us know of a story in Michigan, where a judge has ordered a furniture store to stop using a design that shows a couch being unwrapped from a candy bar. Hershey's sued the furniture company, claiming it violated their trademark on unwrapping chocolate bars:
Art Van
But here's the thing: even the judge admits that trademark law shouldn't apply here because it's a totally different business and there's little chance of customer confusion: "While both parties cater to the general public, there is no indication that their customers are predominantly the same. Even if their customer bases overlap to some extent ... the risk of consumers confusing a furniture outlet with a candy store, or vice versa, appears remote." Those are all things a judge says right before denying the trademark claim, but in this case, it went the other way. If a moron in a hurry isn't likely to be confused, then there's no trademark infringement. The furniture store wasn't even using the image yet -- but just had it in a contest for truck designs. At least the company hadn't spent too much money painting up all the trucks.

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  1. identicon
    Dumb-founded, 1 Nov 2008 @ 10:36am

    Help Advertise

    Wouldn't this help promote Hersheys bars? If I seen the add on the side of the truck, it would make me want to go buy a Hersheys candy bar! And Hersheys didn't even have to pay for the advertisement!

    Hersheys should be thanking Art Vans for the free advertisement. Well maybe they think they could get more by sueing. It is the American way now.

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