Trademark protection

Has the Hershey Foods Corporation filed a new trademark action in an effort to suppress a book unfavorable to its founder?

Lawyers for Simon & Schuster filed a motion to dismiss the case yesterday, calling the suit “frivolous.” They said they have a First Amendment right to use the icons in an artistic depiction. They said that no one will confuse the book with a chocolate bar and that Hershey knew about the book for months.

“Trademark laws are designed to protect the public from likelihood of confusion, not to protect the monopolistic goals of a company that — for whatever reason — appears not to like the fact that a book has been published about its founder without its [approval],” the publisher’s answer says.

If so, the plan is backfiring. (Yesterday’s Amazon rank: 10,036. Today’s: 787.)


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