Hershey Company-- a warning

[CareBear]

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!

Not quite. It's not about the competition from the little guys - it's about protecting their trademark. If they let even little companies use their trademarked designs they seriously risk losing the trademark altogether. Which means at that point the big competition can just breeze in and use the designs without issue.

So it is entirely possible they will go after anyone who does NOT cease and desist. Because if they don't make you stop then they risk a whole lot more than the minimal cost of MAKING you stop.

Business Law 101

[Late Night]

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

LOL

They have probably purchased a trademark with the Hershey name in all of the catagories. If they own the trademark, I don't blame them for going after someone else who is using it and profiting on their name.

[Bernadette]

I will ask again...I have purchased a three bar Hershey's silicone mold. The brown cardboard wrapped around it says at the top in big letters "HERSHEY'S Silicone Bakeware". Then it has a recipe. At the bottom left, in a box it says HERSHEY'S Licensed Product, and under that it says "The Hershey Company Trademarks used under license. No where does it say for home use only. Does that mean you can't sell anything made from it? Does anyone know? TIA

[prairieannie]

I will ask again...I have purchased a three bar Hershey's silicone mold. The brown cardboard wrapped around it says at the top in big letters "HERSHEY'S Silicone Bakeware". Then it has a recipe. At the bottom left, in a box it says HERSHEY'S Licensed Product, and under that it says "The Hershey Company Trademarks used under license. No where does it say for home use only. Does that mean you can't sell anything made from it? Does anyone know? TIA

I wouldn't do it.

Not in a hundred years.

[CareBear]

If it's trademarked it's implied that it is for home use only. the maker of the bakeware states it has a license to mfg and sell the product, but you don't.

[Wick'n'Wax]

I may be totally out the loop here with this question, but on a similar vein, what about Wilton cake tins, they have say, disney characters on, does that mean you can only bake those for personal use and not sell them?

[LynnS]

I also think they are getting down and dirty. They are after us because they are moving out and going to other countries for labor and then this country is in a reccesion. Go after us or our insurance companies. Either saving money for cheap labor or suing us little candlemakers.

I have the Hershey's Chocolate scent and was making that as a 8 ounce JJ. Now I wonder. Guess not? Maybe I will call the scent something else. Like just chocolate fudge or something.That is a scent I am wanting to mix with other yummy FO's.That will hide the Hershey name. I will still be buying the scent but re-naming since what they want us to do. So all wholesale candle companies will be changing the name real soon.

All this stuff gets old.

LynnS

[Stella1952]

A trademark™ should be registered and Hershey's Kisses certainly are registered trademarks ®. A copyright © may be registered, but intellectual property rights belong to the creator (regardless of whether it has the ©) as soon as it is created. Which means that a mold does not HAVE to bear a copyright to be considered the intellectual property of the artist.

Lots of moldmakers have no respect for trademarks or copyrights - they just crank out a bunch of knock-offs, sell them and pocket the money. The poor saps who buy the knock-offs and use them to make products for sale are the ones who will get popped. I agree, the moldmaker should be held the most responsible in the deal. The companies don't want to do much but scare the bejesus out of the user, it's the manufacturer and distributors they really want... Then there's the sticking point of the money received without buying a license for their design...:rolleyes2

I've never understood why this is a difficult issue for folks to understand: a company or individual have intellectual rights to their copyrights and trademarks. They are the basis for their public image. For anyone other than Hershey's to market their trademarks is a kind of fraud and/or intellectual theft because they are easily recognized as belonging to The Hershey Chocolate Company.

My rule of thumb on "copying" another person's work of ANY kind is: did I design it? If I did not design it, it doesn't belong to me and SOMEONE has to give me permission to use that design (with the exception of designs that are considered public domain - like images of the Mona Lisa).

Many people TRY to circumvent copyright law by copying the object or art, but making one or two little changes... that gets dicier... if the object bears a registered trademark, it had better not reflect badly on the company or tarnish its sales or reputation in any way, shape or form. The Harvard Lampoon found this out when Volkswagen sued them for making a bogus VW bug ad that depicted a VW floating in a river, claiming that if Teddy Kennedy had been driving a VW, he'd have been President Kennedy.:lipsrseal

So for goodness sakes, don't anyone go making a mold with Spuds McKenzie pooping a Hershey's Kiss on the front lawn of Graceland that plays, "You Ain't Nothin' But A Hound Dog"!!! And don't EVEN THINK about anything Disney - they'll hunt you down and take you to Disneyworld...forever!

Best defense is "don't do dat."

**********************************************

For more info on patents, trademarks and copyrights than you EVER wanted to know, here's the link to the US Patent and Trademark Office

What is a trademark or service mark?

• A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
  
• A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet, the terms "trademark" and "mark" refer to both trademarks and service marks.

Do Trademarks, Copyrights and Patents protect the same things?

No. Trademarks, copyrights and patents all differ. A copyright protects an original artistic or literary work; a patent protects an invention. For copyright information, go to http://lcweb.loc.gov/copyright/. For patent information, go to http://www.uspto.gov/main/patents.htm.

The preceding excerpt from the US Patent & Trademark website is reprinted here under Fair Use provisions of the US Copyright Law.Also, it is taken from a public document, prepared for public use by the US Government and therefore are not entitled to domestic copyright protection under U.S. law.

[Doneen]

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.

I just saw this post and wanted to clear up any misconceptions. We have not given Hershey any customer info, and have no desire to do so. Our current computer system doesn't even have the ability to pull up a list of who a certain item has been sold to. We received a letter shortly before you did, and have been discussing the situation with our lawyers. We immediately changed the name on our site and on our labels, and we're issuing a notice in our monthly newsletter to let our customers know to change the name also. We originally purchased the fragrance oil under that name from the manufacturer, we did not name that fragrance ourselves. We had no knowledge of any infringement as our product is a fragrance oil and does not fall under the class of product they have any trademarks on. But we have respectfully complied with the request to cease using the name, and we're advising our customers to comply as well. I'm not sure how many other suppliers were also selling a fragrance by that name, or if they've received the letter or given any customer info, but I can assure you we have not. Large companies like that have many resources, so it's hard telling how they go about finding possible infringers, but I know they use the web as one resource. I know some of the big companies search message boards as well, I've had one of the largest candle manufacturers admit this to me before. Hopefully by spreading the warning we can help others to avoid any problems. If anyone has questions for us on this issue you're welcome to email me. Thanks

[DebbieTX]

Just to let you all know that I got a catalog today from the Lakeside Collection and guess what's in it? Since Hershey's is celebrating 100 years, they have come out with a Hershey's Kisses look-alike candle (3 1/4" x 3 1/4")with foil and the little paper. Also, they have a tin that is the Hershey's Syrup can and it's a Hershey's Syrup candle hand poured. $4.95 each. Shows why they have been so diligently going after the little guys.

[awickedscent]

This is also posted under the picture of the Hershey candle in that catalog from lakeside

© 2007 The Hershey Company. Trademarks used under license, Mostly Memories, Inc. Licensee.

The HERSHEY’S trademark and trade dress and KISSES wrapped and unwrapped conical configuration and plume device are used under license.

[President Camacho]

This stuff rarely goes past Cease and Desist. They may sue to get you to cease and desist, but they rarely go after monetary damages unless there is a BIG prize at stake.

Why? Because lawyers cost $400 / hour (or more!)

[Late Night]

This stuff rarely goes past Cease and Desist. They may sue to get you to cease and desist, but they rarely go after monetary damages unless there is a BIG prize at stake.

Why? Because lawyers cost $400 / hour (or more!)

I'm sure Hershey has corporate lawyers who are on salary and get paid the same amount (plus bonus) no matter how long it takes. It's their job to go after thieves.

[President Camacho]

I'm sure Hershey has corporate lawyers who are on salary and get paid the same amount (plus bonus) no matter how long it takes. It's their job to go after thieves.

And their time is surely better spent suing a Chinese pirate running off thousands of units than Mable the candle maker in Demoine - for which they might win a judgement for $339.45

[CareBear]

I don't think it's about recovering $$. It's about protecting their trademarks - not from y'all but from other big business who will JUMP if they don't do this. (and it's Des Moines, I think)

[President Camacho]

I don't think it's about recovering $$. It's about protecting their trademarks - not from y'all but from other big business who will JUMP if they don't do this. (and it's Des Moines, I think)

Right on both counts. It is Des Moines - sorry Iowa.

AND, it is about the $. That's why they aggressively seek cease and desist.

BUT

most infringement conflicts end there, unless the fool keeps on infringing OR there is big money to recover. That's the bottom line.

and BTW, they have a valid right to protect and profit from the brand that they built.

- Dealt with Patents and Copyrights. Spent most of my life developing intellectual property.

[CareBear]

Cool - then I know to whom I should come when I get confused over this stuff!

[President Camacho]

Right on both counts. It is Des Moines - sorry Iowa.

AND, it is about the $. That's why they aggressively seek cease and desist.

BUT

most infringement conflicts end there, unless the fool keeps on infringing OR there is big money to recover. That's the bottom line.

and BTW, they have a valid right to protect and profit from the brand that they built.

And one other exception: What they call "hanging a nun in the public square" - in other words, going after the small potatoes to set an example. This is SOP for the IRS, and now we see this in the music industry where 12 year old girls are being sued by big music. This is really the exception rather than the rule, and they'd have to be darn sure the return (in scaring the small fry) is worth all the bad press they'd receive.