Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The Hershey Co. has settled a trademark violation lawsuit against Simon & Schuster Inc. over a new book with a dust jacket that includes the familiar image of a Hershey chocolate bar. Under the settlement, the New York-based publisher agreed to add an image in the upper left corner of the dust jacket’s front cover stating that the book — “Hershey: Milton S. Hershey’s Extraordinary Life of Wealth, Empire and Utopian Dreams” — is “neither authorized nor sponsored by The Hershey Company.” “A similar disclaimer already added by online retailers on their Web sites will further help protect our trademarks and trade dress by making it clear that this book is not sponsored or licensed by The Hershey Co.,” Burton H. Snyder, Hershey’s senior vice president and general counsel, said in a statement. Hershey, the nation’s largest candy maker, filed a federal lawsuit nearly two weeks ago seeking an injunction to bar Simon & Schuster from using Hershey-owned images to market the book, which is slated to be released in January. The company said it was concerned that consumers might think Hershey authorized the book, the dust jacket of which also includes a Hershey’s Kiss and two older advertising images. Author Michael D’Antonio called the settlement “a victory for people who can’t tell the difference between recycled paper and chocolate” and praised Simon & Schuster for fighting the lawsuit. “They really stepped up to the plate,” D’Antonio said in a telephone interview. Following the settlement, Hershey’s lawsuit was dismissed Wednesday by U.S. District Judge Yvette Kane in Harrisburg, Pa. The book covers the life of Milton S. 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 publisher is marketing the book as Hershey’s first major biography. Copyright 2005 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.