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Judge Carton Rules: The Hershey Co. vs. Mars Inc.

Judge Carton has not been on the bench much lately, but the opportunity to nip in the bud what will undoubtedly be years of foolish litigation about candy wrappers was too enticing for His [Fake] Honor to pass up.

The Patriot News reports that The Hershey Co. has sued one of its competitors, Mars Inc., regarding the packaging that Mars uses for its Dove chocolate bar with peanut butter. Hersheys claims that the Dove wrapper infringes on its trademarks because it is so similar to the packaging Hersheys uses for its Reese's line of candies. You see, Mars had the audacity to use a wrapper that uses brown and a bit of orangish yellow, which Hershey's claims is "unfair competition."

 Below is the transcript of Judge Carton's ruling in the case, in open court today.

10:31 a.m.:

JUDGE CARTON -- Counsel, thank you for your arguments, and for the sample candy bars. The court will stand adjourned while I review the evidence.

[2 minute recess]

10:33 a.m.:

JUDGE CARTON -- Thank you, please be seated. The court has taken five seconds to look at the two wrappers and they look absolutely nothing alike. Are you sure you gave me the right candy bars? Hey, wait, am I being Punk'd?!

One wrapper is bright orange and one is brown. The court is not persuaded in the least that the presence of a tiny yellow/orange swoosh on the Dove bar makes it look like a Reese's bar. In fact, there is really not one thing similar about these wrappers. Case dismissed. I'm returning the wrappers to counsel. The candy is no longer available to be returned.

Posted by Bruce Carton on November 30, 2010 at 11:48 AM | Permalink | Comments (0)


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