Trademark Infringement:U.S Cadbury Vs U.K Cadbury – Hershey’s not ready to melt!

Who does not love chocolates?But the British in America do not seem to be in for “any” chocolate; much to their dismay though.

trademark infringement

America’s leading confectionery giant Hershey, over a matter of trademark infringement, has brought about the ban of imported (U.K) Cadbury chocolates in U.S.A. It is pertinent to note that Hershey holds the license to manufacture  and sell Cadbury chocolates in U.S.A and the importation of U.K Cadbury chocolates has consequently not gone down well with it on the ground that it would only lead to confusion. But the likelihood of confusion alleged by Hershey’s does not end there. The ban also extends to the Yorkie chocolates (Nestle) on the grounds that they could be confused with Hershey’s York peppermint patty and Toffee crisps (Nestle) on the grounds that their packaging was very much similar to that of Hershey’s Reese’s Peanut Butter Cups(both appear to be orange).

trademark infringementThe British in the U.S, in my personal opinion,would have borne the ban better if the recipes of the Cadbury chocolates manufactured in U.S (by Hershey)and U.K had been the same. But allegedly, there is a difference in the recipes and that seems to change everything!

Of course, Hershey’s actions are accounted as defense against trademark infringement and that it has to prevent consumers from getting confused or misled. But not everyone in the U.S seem to get over the U.K Cadbury!

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