Clash of the Chocolate Giants – Mars v Hershey

It has been reported this week that Mark Inc are to take legal action against Hershey for alleged copyright infringement and trade dress infringement.

It is reported that Mars Inc are concerned over a television commercial by Hershey which utilises (1) an image of a silky scarf; (2) a pillow rising from a pool of chocolate; (3) combination of laudatory words displayed in a particular shape and (4) the use of a lady’s head with long dark hair.

This will certainly be an interesting case to watch and the arguments for and against the alleged infringement will be interesting to read.

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