San Diego – It looks like there will finally be peace in candy land. Hershey has decided to withdraw a trademark infringement lawsuit it filed last fall against candy competitor Mars. It was reported Tuesday that lawyers for both companies filed a joint stipulated dismissal. No reason was given for the joint dismissals. You can find our original blog entry about this story, with all of the background facts and pictures of both products, here: Hershey sues Mars for broken trade dress Promises.
In the complaint, Hershey alleged that the new packaging for Mars’ line of Dove candies was too similar to the orange, brown, and yellow wrapping for its own line of candy including Reese’s Peanut Butter Cups, and was likely to cause confusion among consumers. Soon after, the McLean, VA-based Mars filed a response alleging that the packaging was not confusingly similar.
Representatives for Hershey didn’t immediately return phone calls seeking comment. We assume that Mars agreed to change its packaging to colors less similar to the famous colors used by Hershey.