Trademark Dispute Leaves Bitter Taste For Chocolate Lovers

Following a dispute between chocolate manufacturers Hershey’s and US food importer Let’s Buy British Imports (‘LBB’), chocolate products manufactured in Britain, such as Maltesers and Flakes, will no longer be on sale across the Atlantic.

This has sparked an outcry from members of the American public who have developed a taste for the sweeter-tasting UK chocolate.

The dispute arose because Hershey’s has the rights to manufacture Cadbury-branded chocolate in the US, but the original British products had been made available to the American public via LBB, which previously imported them to sell through independent stores.

Spokesman for Hershey’s, Jeff Beckman said: “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.”

Hershey’s has also claimed that Cadbury’s Yorkie bars, with a similar name to their own York Peppermint Patty, and Toffee Crisps, which use a similar orange and yellow colour theme to the Reese’s Peanut Butter Cup, are other examples of rights infringements.

LBB made a settlement agreement with Hershey’s to avoid further legal action amidst claims that it had violated US trademark laws.

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Nigel is the Managing Partner and Head of Litigation and Dispute Resolution in the London office of Mackrell Turner Garrett.