Packaging Digest

Hershey sues Mars over too-similar packaging

On November 22, the Hershey Co. filed suit against Mars, claiming that the packaging redesign of Mars' Dove Promises peanut butter milk chocolate bar infringes on Hershey's trademarked orange color used for its Reese's Peanut Butter Cups.

In the lawsuit, Hershey argues that the Promises peanut butter milk chocolate packaging—which features an orange diagonal wave on a brown background—is Mars' attempt to "trade on Hershey's goodwill and to confuse consumers as to the origin, source or sponsorship of defendant's product." According to ConfectioneryNews.com, Hershey has previously asked Mars not to use color combinations of orange, yellow and brown/tan in its packaging.

Mars's defense—outlined in its own lawsuit filed against Hershey (also on November 22)—contends that "orange is commonly used by third parties on packaging as a generic flavor designation for peanuts, peanut butter or peanut butter flavoring."