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30 July 2014Trademarks

The Hershey Company hits back in row with senator

Chocolate maker The Hershey Company has hit back at a US senator who was forced to change his campaign material, claiming he “failed to explain” why he used the company’s “distinctive and famous” design.

Maryland senator Steve Hershey was ordered by a court to change his campaign material after an objection from the Pennsylvania-based foods company.

Hershey had used his surname in white lettering on a dark brown background on three separate occasions for his campaign posters.

The signs resembled The Hershey Company’s design for its chocolate bars.

Speaking to WIPR days after judge William Quarles issued the senator with an interim injunction temporarily banning him from using the material, a spokesman for the company said it was pleased with the ruling.

“We believe this is a clear case of trademark infringement, trademark dilution, false designation of origin and false endorsement, and breach of contract,” the spokesman said.

“Senator Hershey has failed to provide an explanation for why he believes he needs to use the distinctive and famous design that we use for our chocolate bars for his campaign and fundraising efforts.

“His actions have not only diluted our iconic trademarks, but also can cause confusion with consumers, creating the impression that he is somehow affiliated with or endorsed by The Hershey Company”.

Senator Hershey used the campaign material in 2002 and 2010.

Despite The Hershey Company’s initial objections, it let him continue to use the material on the understanding he would cease use after the election period.

But, after discovering he had had used a similar logo earlier this year, it filed a trademark and trade dress lawsuit at the US District Court for the District of Maryland in June this year.

In a judgment published on July 22, the court said that although the public was not likely to confuse Hershey with a chocolate bar they may think he and the company are affiliated.

The preliminary injunction will stop Hershey from using the sign pending a final outcome from the court.

In a statement after the court case Hershey said he was “disappointed” but confident that he acted “in good faith” with The Hershey Company.

Senator Hershey did not respond immediately to a fresh request for comment.

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