Two global confectionery giants are going to court in a trademark dispute over a household-name product and its packaging.
Mars has launched legal action in the US against Hershey, accusing it of copying its Maltesers trademark and packaging.
Mars have accused competitor The Hershey Co. of using a “campaign of deception” to edge out its Maltesers candy line through its ownership of a confusingly similar trademark to make way for its competing line of Whoppers candy, according to Virginia federal court filings.
“By its recent copying, Hershey has tricked customers in the United States into buying fake Malteser candy instead of real Mars' Maltesers candy,” Mars said. “Hershey's conduct is irreparably injuring and hampering Mars' ability to sell Maltesers candy in the United States.”
Hershey acquired the “Malteser” trademark, without a plural “s,” in 1998 from a Dutch company that had received it from the original registrant, Leaf Corp., which attained the mark nearly 30 years after Mars had begun selling Maltesers throughout the world, according to the suit. Mars sued and eventually settled with Leaf in 1994. Hershey sell the 'Malteser' brand with red packaging and it also sells a similar chocolate-covered malt ball candy called 'Whoopers'.
Mars alleges that Hershey has infringed its common law trademark for Maltesers candy as well as its trade dress describing the red packaging and labeling of the product. The suit also seeks cancellation of the Malteser mark based on false statements from Hershey about its use of the mark in commerce to the USPTO.
“We believe this suit is without merit,” Hershey spokesman Jeff Beckman said. “The Hershey Co. has owned the Malteser trademark in the United States for more than 15 years. We intend to vigorously defend against this groundless litigation."
© 2014 - European Supermarket Magazine by Enda Dowling
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