Hershey’s assiduous nature opens court doors for Cookie Department over trademark infringement


Palak Arora 12/10/21 #copyright #patent #trademarks #infringement #intellectualproperty #IPR #IPRrights #Trademarkclickcom #IP #entrepreneur #Hersheys #HersheysKisses #TheCookieDepartment #California #US #copycats #tradedress #conicalimages #mimicking #chocolates #cookies

Everyone’s most favorite chocolate company Hershey which is not only famous for its delicious chocolates but also for ferociously defending its trademarks and when it comes to its iconic Kisses logo, no one can beat it. It recently has launched another trademark infringement lawsuit in the U.S. Middle District Court. It targeted a California-based firm accusing it of misappropriating the visage of its phonetically similar and somewhat conical Kisses.

The defendant in the current case is The Cookie Department Inc. Hershey claims, “The bakery is using Kisses-like images to promote products that are just not as sweet as its own. The Cookie Department is using images substantially similar to its Kisses in its packaging and marketing” The suit includes several images of The Cookie Department’s packaging bearing tiny as well as larger conical images mimicking Hershey’s Kisses.

The Hershey Company claims, “The Cookie Department is using images that too closely resemble our trademarked Kisses logos. The image of The Cookie Department’s packaging is included in Hershey’s federal lawsuit. The taste of The Cookie Department’s products, and products made with The Cookie Department’s cookies, is substantially different than the taste of our Kisses chocolates and products made with our Kisses chocolates, including cookies. These products do not taste as sweet as our Kisses chocolates and/or cookies or other products containing Kisses chocolates as an ingredient. The Cookie Department’s actions are diluting the value of the Kisses trademark and confusing consumers.”

The Hershey is seen seeking a court order for the following purposes:

  • Barring The Cookie Department from using the contested images,
  • Turning over any profits secured via the alleged trademark infringement, plus additional financial damages, and
  • Recalling and surrendering The Cookie Department’s supposedly offending products and marketing materials for destruction.

Emerging companies should understand that it takes years to build goodwill in the market amongst the customers before launching their own products under the deceptive trademarks harming other company’s image. It is really disheartening to see such an act of selfishness.

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