Klein & Wilson

Chocolate legal war between Hershey and Cadbury

Chocolate enthusiasts and store owners are up in arms over the recent news regarding Hershey and Cadbury. California candy stores that sell Cadbury and Hershey chocolate products may notice the taste and packaging for snack items going through a transitional stage, especially after discovering the results of Hershey's lawsuit.

Although the United Kingdom's version of Cadbury Creme Eggs was changed after remaining consistent for several decades, Hershey's chose to keep their products the same. That motto for consistency may have led to their current lawsuit against LBB Imports. According to reports, Hershey's is accusing the British candy company of packaging its British Toffee Crisp candy in wrappers that resemble candy wrappers for Reese's Peanut Butter Cups made by Hershey's. The company is also accusing England's Yorkie chocolate bars of being too close to Hershey's York Peppermint Patties. In addition to similar candy wrappers and names, Hershey claims to hold exclusive rights to produce the Creme Eggs recipe for American consumers. It wants the original British variety banned in the United States.

Although opinions are mixed from customers and store owners about whose chocolate snacks are better, Kraft Foods and Mondelez International have already made the decision to stop using Cadbury dairy milk in their Creme Egg recipe. A spokesperson for Hershey's confirmed that LBB has stopped importing British Cadbury products. It is uncertain whether that will be a temporary or a permanent decision.

Companies looking to protect their intellectual property must present proper evidence in order to have a successful claim. This could include oral and written proof that similar names of products are leading customers to believe they are purchasing the original manufacturer's product. Other examples include similar physical packaging characteristics of items sold online or in stores.

Source: FOX News, "Hershey banning British company from importing similar chocolates," Jan. 23, 2015

No Comments

Leave a comment
Comment Information
  1. RATED BY | Super Lawyers | Top 100 | Southern California | SuperLawyers.com
  2. Avvo Rating | 10.0 | SUperb | Top Attorney Litigation
  3. PREEMINENT AV | Martindale-Hubbell | PeerReviewRated
  4. RATED BY | Super Lawyers | Top 50 | Orange County | SuperLawyers.com
  5. Best Lawyers | BEST LAW FIRMS | U.S.NEWS | 2018
  6. KLEIN & WILSON | RECOGNIZED BY | Best Lawyers | 2019
  7. AMERICA'S TOP 100 | TOP 100 | ATTORNEYS
  8. The AMERICAN LAWYER
  9. AVVO Client's Choice | Award 2017
  10. OCTLA | Orange County | Trial Lawyers Association | Trial Lawyer Of The Year
  11. The National Trial Lawyers | Top 40 Under 40

Contact Our Attorneys Today

Please call the law office at 949-478-0521 or fill out the form below to arrange a consultation with a lawyer.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Get Started

Klein & Wilson
4770 Von Karman Avenue
Newport Beach, CA 92660

Phone: 949-478-0521
Fax: 949-631-3703
Newport Beach Law Office Map

Map
Firm Office