Trademark protection, litigation, and enforcement

2005 - Ongoing

We have represented Hershey for more than a decade in numerous trademark registration, enforcement, and infringement matters involving its KISSES, REESE’S, HERSHEY’S, TWIZZLERS, and other marks and related trade dress as well as licensed marks (e.g. CADBURY, KIT KAT, YORK, ROLO), with topics ranging from product configurations and color marks to diverted grey goods and licensing issues, among others.  We obtained summary judgment on a claim that the KISSES trademark is generic; at the Trademark Trial and Appeal Board, we obtained reversal of a refusal to register the design of Hershey’s well-known chocolate bar product configuration; we secured a preliminary injunction against the use by Maryland State Senator Steve Hershey and his campaign committee of a design for campaign signs and other materials that closely resembled the iconic HERSHEY’S trade dress; we won summary judgments at the USPTO's Trademark and Trial Appeal Board in opposition proceedings enforcing various Hershey marks; and we obtained judgments enjoining the importation of grey goods products in violation of Hershey’s licensed U.S. trademark rights.

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