More Extremely Silly Trademark Lawsuits: Mars vs. Hershey Over Totally Different Looking Wrappers

from the you-put-your-chocolate-in-my-trademark-lawyer dept

A ton of people have been submitting variations on this story of how candy company Hershey is suing candy company Mars, claiming that Mars' new Dove brand of chocolate and peanut butter candies has packaging that looks too much like Hershey's Reese's Peanut Butter Cups. Most of the stories I saw didn't have any actual images to show, but the link here has the following two images:
And, similar to the recent legal spat we covered concerning beer cans, the wrappers look like they have two totally different designs. Given both of these cases happened in such close proximity, it does make you wonder if consumer goods companies are getting much more aggressive in trying to claim any package that has some incredibly superficial similarities now represents trademark infringement.

Update: As pointed out in the comments, Hershey's has a couple of newer packages that do appear a bit more similar, but still pretty different:

Filed Under: candy, dove, packaging, reeses, trademark
Companies: hershey, mars


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  1. icon
    Josef Anvil (profile), 2 Dec 2010 @ 4:40am

    The title says it all

    Extremely silly lawsuit. Yes a moron in a hurry can tell the difference. Ive been eating Reese's cups for decades and there is no way I would ever confuse the packaging with the Dove cups. Ummmm Brown vs Orange? Who the hell is confusing them?

    If Hershey's wins this it will be on a settlement to reduce legal costs, but in all fairness, MARS should have enough cash to suffer through this one and hopefully file a countersuit for frivolous litigation.

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