Snacks & Candy

Hershey Sues to Halt British Candy Imports to U.S.

Toffee Crisps, Yorkie, Maltesers too close to American brands, company says

HERSHEY, Pa. -- Much to the chagrin of many Brits and Anglophiles in the United States, as the result of a settlement with The Hershey Co., Let's Buy British Imports (LBB) has agreed to stop importing all Cadbury's chocolate made overseas, reported The New York Times.

Hershey Cadbury Yorkie candy (CSP Daily News / Convenience Stores / Gas Stations)

The company also agreed to halt its imports of KitKat bars made in Britain; Toffee Crisps, which, because of their orange packaging and yellow-lined brown script, somewhat resemble Reese's Peanut Butter Cups; Yorkie chocolate bars, which infringe on--but don't resemble--the York peppermint patty; and Maltesers, which resemble Whoppers malted milk balls.

Jeff Beckman, a representative for Hershey's, said that LBB and others were importing products not intended for sale in the United States, infringing on its trademark and trade dress licensing. For example, Hershey's has a licensing agreement to manufacture Cadbury's chocolate in the United States with similar packaging used overseas, though with a different recipe.

"It is important for Hershey to protect its trademark rights and to prevent consumers from being confused or misled when they see a product name or product package that is confusingly similar to a Hershey name or trade dress," Beckman told the newspaper.

Click here to view the full New York Times report.

The suit is almost identical to one filed by Hershey in May 2014 against Posh Nosh Imports (USA) Inc. (click here to view the Law360 report).

The Hershey Co., based in Hershey, Pa., is a global confectionery leader offering chocolate, sweets, mints and other snacks. The company, which has more than 80 brands worldwide that drive more than $7.1 billion in annual revenues, includes such brands as Hershey's, Reese's, Hershey's Kisses, Jolly Rancher and Ice Breakers.

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