Categories
Business Law Legal Topics

When Is a Chocolate Bar Iconic?

In a recent suit brought under the Lanham Act, Hershey is trying to stop Williams-Sonoma from selling a brownie pan in the design of a Hershey’s chocolate bar, i.e., a rectangle with 12 equally-sized rectangular panels arranged in a 4×3 format, with each panel having its own raised borders. Law.com reports that Hershey claims the infringement on its trademark was “purposeful” and “likely to cause consumers, purchasers and others to be confused or mistaken” into thinking the pans are somehow associated with Hershey.

This suit may end up being quite sweet for Hershey, because a successful plaintiff in a Lanham Act action may recover the defendant’s profits or the plaintiff’s damages, which may be trebled in the court’s discretion.

For more on the Lanham Act and trademark infringement generally, see CEB’s book on Trades Secret Practice in California. Also check out CEB’s program on Intellectual Property for Business Lawyers, available On Demand.

Bookmark and Share

© The Regents of the University of California, 2010. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.

Add your comment to the blog post

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s