· 3/31/1998
Hershey Foods Corp. v. Mars, Inc.
Citations
- 998 F. Supp. 500
- 1998 U.S. Dist. LEXIS 4267
- 1998 WL 151779
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that \whether the products are similar or not adds nothing to the analysis\ because \dilution can apply to competitors\
- finding trade dress not sufficiently famous and noting several examples of third party's trade dress in food industry similar to plaintiff 's color combination and lettering
- finding trade dress not sufficiently famous and noting several examples of third party's trade dress in food industry similar to plaintiff 's color combination and lettering
- relying on a secondary meaning survey despite the defendant’s argument that “additional elements” that were not part of the alleged trade dress “gave the survey respondents additional clues for the source of the dress”
- 94% of respondents recognized orange, brown and yellow packaging of non-labeled peanut butter candy as Reese's brand
- 94% of respondents recognized orange, brown and yellow packaging of non-labeled peanut butter candy as Reese's brand
Source: CourtListener parenthetical corpus (CC0).
Judges: Caldwell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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