Hershey Company-- a warning

[Soapymomma]

I know three different people who have been contacted by Hershey because they were selling candles that looked like the big Hershey Kiss candle. Some were calling it a Kiss candle. I used to sell them too. Hershey is threatening law suits and all sorts of legal action for trademark violations. So if you make or sell these type of candles, I would suggest either removing them entirely or else changing the name or something because these people are not fooling around.

Just thought I 'd let you all know just in case.

Soapymomma

[KristineG]

The actual "kiss" mold is trademarked. So, you can't even make one and call it something else.

[LaVida]

that's ridiculous... I don't make candles, but I have 2 hershey's loaf molds... does that infringe on the Hershey' trademark?

[MeAndMyPuppyDog]

You can't sell enough of them to make it worth their time to sue you. They'll send you a bunch of canned letters and bark-bark-bark. If there was a big enough market for them, they would be making them. Until you make enough of them where you make serious money it is all bark-bark-bark... BUT in the event that you DO get to that point (and chances are you won't) -- THEN they're gonna getcha!

[Candle Man]

If you do get a C&D letter you better stop then, because that is your only warning. They have the resources, lawers etc. to go after you, no matter how small you are.

[wilsonswix]

They do have the ability to make the big kiss candles, if they are not currently. My aunt brought back one from Hershey PA a few years ago.

[KristineG]

that's ridiculous... I don't make candles, but I have 2 hershey's loaf molds... does that infringe on the Hershey' trademark?

If the actual mold is trademarked like the Kiss mold is. We discussed Hershey trademarks in the candle section not too long ago. Let me see if I can find it

[KristineG]

Here it is:

http://www.candletech.com/forums/showthread.php?t=48514&highlight=hershey

[darlascandles]

Just for the record.....Peeps lawyers sent quite a few letters as well. I know of one in particular, wanting 7500.00 from a mold maker.....she quit making the peeps, offered refunds to those who bought the molds if they would send them back, and the lawyers have dropped it.

[islandgirl]

Now that the GREAT AMERICAN CHOCOLATE BAR COMPANY is closing some of their American factories, laying off hundreds of people, outsourcing to other countries, It give corporate time to look for kiss mold makers.

Boy are they killing Mr. Hershey Dream!!!

[soycrazy]

Why not go after the people that make the molds then like life of the party? They make like 3 different ones. You buy it thinking you'll be ok to sell them, but obviously you can't.

[KristineG]

Why not go after the people that make the molds then like life of the party? They make like 3 different ones. You buy it thinking you'll be ok to sell them, but obviously you can't.

You can always contact the company you purchased it from, offer to send it back to them for a full refund since they infringed on a trademark? Just a thought.

[sudsnwicks]

You can always contact the company you purchased it from, offer to send it back to them for a full refund since they infringed on a trademark? Just a thought.

Yeah, I wonder if this would work. Because what if someone bought 50 of those molds thinking they could use them? I know that person should probably have done their research first, before buying 50 molds, but it seems to me the supplier is negligent too, to be selling something that can't be used.

[Late Night]

Why not go after the people that make the molds then like life of the party? They make like 3 different ones. You buy it thinking you'll be ok to sell them, but obviously you can't.

They might be legal to buy and use IF you are using them for your personal use. Not selling them. A lot of items such as patterns say 'for personal use only...not for resale.'

[soycrazy]

They might be legal to buy and use IF you are using them for your personal use. Not selling them. A lot of items such as patterns say 'for personal use only...not for resale.'

Well if there was a notice like that I wouldn't have bought it. I was going to call them chocolate chips, because that's what they look like to me So now my hubby won't stop bugging me to make him a giant chocolate kiss LOL.

[awickedscent]

Well if there was a notice like that I wouldn't have bought it. I was going to call them chocolate chips, because that's what they look like to me So now my hubby won't stop bugging me to make him a giant chocolate kiss LOL.

Why wouldnt you be able to make them and call them chocolate chip candles, since that is what they look like. Is hershey going to go after the companies that sell the baking chips since they look like kisses only smaller?

[HeavenScentU]

I have been searching and can't seem to find much on anything except the names of Hershey's kiss trademarked and not the chip style itself. Does the letter specifically state anything that looks like the chip or is it just using the name Hershey's? I thought Toll House started the chips first???

[DeJae]

And so you don't get hung up on Chocolate chips, which may be TM

I would call them something like Chocolate Chippies.

I use to make chocolate some years ago, still have over 500 molds sitting in boxes. Just for the heck of it, I went to the websites of the mold companies I use to buy from and they ALL still sell the kiss mold and call it that too.

When we made chocolate kisses we called them chocolate drops.

Big drop, medium drop and baby drop

I am trying to remember where I read that all you have to change is 10% of a product and then you can duplicate it. So for instance if the mold had a hook like at the top that looked like when the chocolate would stretch and then drop off and lay on top of the point and if the body was less concaved it where it shapes up to the top then I think they can use it. That would be 10%

[KristineG]

Maybe this will help. The actual "kiss design" was registered by Hershey in 1983. You will see all types of things that resemble the Kiss. The ones that are legal are licensee's of the Hershey Foods Corporation. In other words, you can make a candle in the shape of a Hershey Kiss IF you obtain a license from Hershey allowing you to do so.I think. That's the way I interpret it. As far as the little chocolate chips...the size you use to make cookies, how and the heck can those be registered? Who wants to call Hershey corporate legal dept. and just ask them...lol...great way to get the right answer and a free lesson?

[Late Night]

I think we might be using the term trademark and copyright interchangeably here. Anything called Hershey is copyrighted. Anything that looks like a Hershey Kiss (ie. foil and ribbon) is trademarked. Even Dairy Queen trademarked their curly-que top many years ago.

[Candle Makin Momma]

My sister made two hundred of the small ones and a few of the giant ones for a woman's wedding. She did foil and a flag and everything.

[Waxmaster]

I just got a letter from the wonderful Hersheys corporation. It's a real nasty-gram stating it's illegal for me to call any candle "hersheys chocolate", (fyi-my candles are NOT conical shape). I purchased my fragrance from bitter creek - named "hersheys chocolate" so that's what I named it. On the "infringing page" I put a disclaimer that "all fragrance "types" are brand names and registered trademark of the original manufacturer. Hershey didn't care. THey state that their trademark numbers are specifically connected to candles. Who would have thought - chocolate and candles under the same trademark??

I contacted bitter creek and told them I had to give them up, as hersheys demanded I give up the name of any business relationship involving the "infringing merchandise" or face further prosecution. Bittercreek said they had been contacted a few weeks ago and have since changed the fragrances' name to "chocolate syrup". They also said they didn't give up my information, but I'm suspicious, as they were contacted a few weeks before me, and the hersheys letter was sent to an address associated with my cc, not the public address on my website.

So be forwarned, hersheys is on a witch hunt. If you want to read the letter I have a copy on my site - Pm me and I'll send you the link.

It's a sad day when a huge corporation like hersheys has to pursue the small business candlemaker!!

[Dagwood]

It's a real nasty-gram stating it's illegal for me to call any candle "hersheys chocolate", (fyi-my candles are NOT conical shape).

Since nobody in their right mind would mistake your candle for a true Hershey chocolate bar, maybe they should consider it free advertising!

LOL

[Rebecca]

I just got a letter from the wonderful Hersheys corporation. It's a real nasty-gram stating it's illegal for me to call any candle "hersheys chocolate", (fyi-my candles are NOT conical shape). I purchased my fragrance from bitter creek - named "hersheys chocolate" so that's what I named it. On the "infringing page" I put a disclaimer that "all fragrance "types" are brand names and registered trademark of the original manufacturer. Hershey didn't care. THey state that their trademark numbers are specifically connected to candles. Who would have thought - chocolate and candles under the same trademark??

I contacted bitter creek and told them I had to give them up, as hersheys demanded I give up the name of any business relationship involving the "infringing merchandise" or face further prosecution. Bittercreek said they had been contacted a few weeks ago and have since changed the fragrances' name to "chocolate syrup". They also said they didn't give up my information, but I'm suspicious, as they were contacted a few weeks before me, and the hersheys letter was sent to an address associated with my cc, not the public address on my website.

So be forwarned, hersheys is on a witch hunt. If you want to read the letter I have a copy on my site - Pm me and I'll send you the link.

It's a sad day when a huge corporation like hersheys has to pursue the small business candlemaker!!

Just my opinion but I would have no doubt that Bitter Creek gave up your info.

Hersheys is tanking so like someone else said they have nothing else to do.....

[Bernadette]

Okay...I have a question here. I bought a Hershey's chocolate bar mold made by Hershey. It has three bars and says Hershey right across the top of each bar. It was packaged very similar to the Wilton mold tray type molds you can purchase directly from Wilton or at Michaels. There is nothing on the tag that says products made from the mold(any type) are for personal use only. Does that mean I can't use it except for my family? If so, that was misleading of them, and they shouldn't be selling them!