Hershey sues Mars over too-similar packaging

Lisa McTigue Pierce, Executive Editor

March 11, 2015

1 Min Read
Hershey sues Mars over too-similar packaging

 

 

On November 22, the Hershey Co. filed suit against Mars, claiming that the packaging redesign of Mars' Dove Promises peanut butter milk chocolate bar infringes on Hershey's trademarked orange color used for its Reese's Peanut Butter Cups.

 

In the lawsuit, Hershey argues that the Promises peanut butter milk chocolate packaging—which features an orange diagonal wave on a brown background—is Mars' attempt to "trade on Hershey's goodwill and to confuse consumers as to the origin, source or sponsorship of defendant's product." According to ConfectioneryNews.com, Hershey has previously asked Mars not to use color combinations of orange, yellow and brown/tan in its packaging.

 

Mars's defense—outlined in its own lawsuit filed against Hershey (also on November 22)—contends that "orange is commonly used by third parties on packaging as a generic flavor designation for peanuts, peanut butter or peanut butter flavoring."

 

About the Author(s)

Lisa McTigue Pierce

Executive Editor, Packaging Digest

Lisa McTigue Pierce is Executive Editor of Packaging Digest. She’s been a packaging media journalist since 1982 and tracks emerging trends, new technologies, and best practices across a spectrum of markets for the publication’s global community. Reach her at [email protected] or 630-272-1774.

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