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Hershey sues publisher over candy bar on book about Hershey

12/19/05 @ 01:30:00 pm, by Kate Hopkins Email 1759 views • Categories: Chocolate, Candy, Food News

One of the several points I disagree with corporatists is how vehemently some companies protect their trademark. While I agree that these companies are required to do so legally, morally speaking it still doesn't make it right. Sometimes, in fact, their behavior seems downright silly.

Take for example, this story.

The company wants an injunction to prevent publisher Simon & Schuster Inc. from using Hershey-owned images to market "Hershey: Milton S. Hershey's Extraordinary Life of Wealth, Empire and Utopian Dreams,"

Here's the kicker: Hershey's does not object to the content of the book, nor to the use of the word "Hershey" in the books title. Just the pictures of the candy bars.

Can someone please let me know why? By the company's own account the content is fine, the use of the company's name is fine, but the pictures of the candy-bars, invented by the guy who runs the company, is off limits? This makes zero sense to me.

Hersheys is quickly becoming one of my least favorite companies out there.

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Permalink • 9 comments

Comments, Pingbacks:

Comment from: Gerald [Visitor] · http://www.foodite.com
It's too bad Hershey's agreed to buy Sharffen Berger. I hope the quality of their brand doesn't change.
PermalinkPermalink 12/19/05 @ 14:29
Comment from: Doug [Visitor]
Seems ludicrous, but if Hersheys was a small quaint company, we might see the need for them to protect themselves.
PermalinkPermalink 12/19/05 @ 17:48
Comment from: Rachael [Visitor] · http://www.freshcatering.blogspot.com
OMG they bought Sharffen Berger? AURG.

And that whole thing is lame. Boo on Hershey (then again, they are also not free trade, so double boo.)

Thanks for the interesting info!
PermalinkPermalink 12/19/05 @ 21:02
Comment from: cybele [Visitor] · http://www.candyblog.net
Oh please, if you worked for a hundred years on a brand and an image and someone was co-opting it for their own profit, I'm sure that you'd take issue with it ... not on content but on principal.

Have you seen the cover art? It's a Hershey bar! The book, however, purports to be about a man, Milton S. Hershey ... yet he is a teensy photo on the cover. It's pretty obvious that S&S are attempting to use the chocolate brand to sell their book.
PermalinkPermalink 12/19/05 @ 21:11
Comment from: Kelley Ritchey [Visitor] · http://bbq-iguanas.blogspot.com
I haven't seen the cover, but if cybele is correct, I'd agree with that comment.

Other books have been written about Hershey (the man) and have not included chocolate bars on the cover. The Hershey connection with chocolate is well known, so the candy bar picture may be unnecessary.

If the cover showed Hershey holding a candy bar or sniffing a candy bar, I'd say no trademark infringment. But otherwise let the trademark holder protect his trademark.

PermalinkPermalink 12/20/05 @ 01:59
Comment from: Barbara Fisher [Visitor] · http://www.tigersandstrawberries.com/
But on the other hand, if the book is in large part about the development of the Hershey chocolate brand by the man--and one cannot tell his story without also telling the story of the chocolate, I would wager, then in essence, they are giving the chocolate company free advertising.

I mean--I can see both sides, but really--what does the chocolate company stand to actually lose in this case?

Nothing that I can see.
PermalinkPermalink 12/20/05 @ 19:00
Comment from: Sher [Visitor] · http://whatdidyoueat.typepad.com
I remember studying copyright/patent law in law school--many years ago. Companies do have to act zealously to protect their trademark. It can often seem quite petty, particularly when it's a large corporate entity going up against a small business or person. But, that is the way it is. They can't be nice to some and tough with others. The law is a harsh mistress!

Sher
PermalinkPermalink 12/30/05 @ 12:13
Comment from: Iren [Visitor]
I like this site!
PermalinkPermalink 05/12/06 @ 03:24
Comment from: Sy [Visitor] · http://www.candycraver.com
Gotta respect Hershey's desire to protect their bottom line, but I think this is going just a BIT overboard.

Still love their candy though.. HEHE.
PermalinkPermalink 11/30/06 @ 13:24

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