1 Sept 2021
The Cookie Dept. Sues Hershey’s over Kisses Dispute
The Index Today
A popular cookie maker, The Cookie Department Inc. is suing Hershey Co over the right to use a chocolate chip teardrop design on its packaging.
Hershey recently put forward a complaint saying that the design resembles their famous Hershey’s kisses. The company further threatened with a trademark lawsuit accusing it of “borrowing kisses.”
On the other hand, The Cookie Department has defended its stance saying it has been using the famous teardrop design since 2009 as it is a universally known shape as they are used as baking chips all across the world.
The Cookie Department is working to seek an order from the San Francisco federal judge to state it has not violated any intellectual property rights from the opposing party.
The lawsuit concerns Hershey’s use of the phrase “tough cookies only”. A mediation is scheduled for September 6th. According to court papers, Hershey’s kisses were invented in 1907 and has had trademark registration since 1976.