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. identicon
    Not an electronic Rodent, 5 Dec 2010 @ 10:01am

    Re: perspective

    well from a marketer's perspective I think the packaging shown for the "select" products from Reese's looks very similar. it looks like they could have been made from the ame template.
    What? In as much as the packages are a similar shape, the curved (but different shaped) "design" goes a similar direction the logo is top left and both have an idealised picture of the product on? That's a bit of a stretch don't you think? What in those similarities isn't wholly generic? I know the "morons" are in even more of a hurry these days, but I can't see any confusion from even the biggest moron in the greatest hurry (well except maybe a lawyer).

    Besides when I looked at that I immediately recognised "Dove" as being the american brand name for what's called "Galaxy" in england and they've used a similar style on their packageing over here for ages, which suggests to me it has far more to do with "corporate branding image" than anything else. Just coz they decided to offer another type of filling doesn't seem a good excuse for a lawsuit.

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