Does "Chocolate Kiss" Colored Flooring Infringe on Hershey's Trademarks?
IPNews® - Shaw Industries Group Inc., the world’s leading manufacturer of carpet and flooring, filed a lawsuit against Hershey Co. seeking a declaratory judgment that Shaw’s “Chocolate Kiss” carpet color does not infringe Hershey’s KISS related trademarks.
In the complaint, Shaw claims it has been selling “Chocolate Kiss” colored flooring for over 20 years without any known confusion with Hershey’s miniature chocolates. Shaw claims that Hershey is threatening it with legal action and it is seeking declaratory relief to protect it from further losses until it can complete its planned phase out of the color by June of this year.
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