HARRISBURG, Pa. (AP) -The distinctive chocolate bar on the dust jacket of a New York writer’s upcoming book about the founder of The Hershey Co. violates its trademark, the candymaker says in a federal lawsuit.
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,” which is due out next month.
Hershey spokeswoman Stephanie Moritz said the company is concerned that consumers may think it “authorized, sponsored or approved” the book.
“Hershey does not object to the content of defendant’s book or to the mere use of the word “Hershey’ in the title of the book,” according to the lawsuit, which was made public Monday. “However, defendant has designed and adopted a dust jacket for the book which extensively uses Hershey’s well-known marks and trade dress beyond any manner permissible under law.”
The 305-page book, by author Michael D’Antonio, recounts the life of Milton Hershey, who built the company into a manufacturing behemoth and used his wealth to endow what is today a multibillion-dollar trust devoted to the health and education of children.
The jacket also depicts a Hershey’s Kiss, a subtitle in a font similar to the paper wrapper inside a Kiss and two older Hershey advertising images.
Alexis Welby, a Simon & Schuster publicist, had no immediate comment Monday.
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