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27 August 2014Trademarks

Hershey sues importer for infringing brands

Chocolate maker The Hershey Company has filed a lawsuit against a US importer of specialty foods, accusing it of infringing some of its most established brands including Rolo and Kit Kat.

Pennsylvania-based Hershey has accused LBB Imports LLC of importing products that are “too close to be legal” in their appearance and claimed it has continued to do so since 2012 despite previously agreeing to stop.

The lawsuit accuses LBB of infringing the Reese’s, Kit Kat, Cadbury, Rolo and York brands, which the confectionary company controls either directly or under licence from other companies.

In its complaint, filed at the US District Court for the Central District of Pennsylvania on August 25, Hershey has demanded damages based on the profits LBB has made, as well as attorneys’ fees.

Hershey claimed LBB is violating its protected brands both by word and by appearance, as well as colour schemes on the packaging.

LBB's Cadbury, Rolo and Kit Kat imports bear the same name as Hershey products, while its Yorkie and Maltesers products are only slight name variations from the York and Malteser lines owned by Hershey, it was claimed.

According to Hershey, LBB has continued to import products despite protests from Hershey, impacting its market share as a result.

It is the third trademark lawsuit within a year that Hershey has been involved in.

Last month, WIPR reported it had successfully asked for a preliminary injunction against US senator Steve Hershey, who it claimed had been using logos similar to its own for promotional material.

Earlier this year, WIPR also reported that Mars, the owner of the Maltesers brand of chocolate, had sued Hershey over its Malteser product.

Both products are round balls of chocolate with a malt honeycomb centre but the Hershey brand does not include the ‘s’ at the end of the word.

Hershey sells its product in red packaging and has owned the trademark ‘Malteser’ since 1998. Mars has sold the brand for 75 years and in red packaging since 1978.

LBB did not respond immediately to a request for comment on the current lawsuit.

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