Hershey has hit LBB Imports with a lawsuit, accusing the US importer of infringing its trademarks.

The confectionery giant has accused LBB of importing confectionery into the US that too closely resembles some of its leading brands, including Reese’s.

Go deeper with GlobalData

Data Insights

The gold standard of business intelligence.

Find out more

Hershey’s suit focuses on six products. It points to the Cadbury, Kit Kat and Rolo lines imported by LBB that have identical names to products Hershey sells in the US.

Under deals with Mondelez International’s Cadbury arm and with Kit Kat and Rolo owner Nestle, Hershey has licences to the trademarks in the US. The company claims the products shipped by LBB infringes those marks.

Hershey also argues the Yorkie and Maltesers lines imported by LBB violate its York and Malteser trademarks.

The sixth product at the heart of the suit is Toffee Crisp. LBB imports the Nestle-brand into the US and Hershey has claimed the product “infringes and dilutes” the trade mark and trade dress of its flagship line, Reese’s.

How well do you really know your competitors?

Access the most comprehensive Company Profiles on the market, powered by GlobalData. Save hours of research. Gain competitive edge.

Company Profile – free sample

Thank you!

Your download email will arrive shortly

Not ready to buy yet? Download a free sample

We are confident about the unique quality of our Company Profiles. However, we want you to make the most beneficial decision for your business, so we offer a free sample that you can download by submitting the below form

By GlobalData
Visit our Privacy Policy for more information about our services, how we may use, process and share your personal data, including information of your rights in respect of your personal data and how you can unsubscribe from future marketing communications. Our services are intended for corporate subscribers and you warrant that the email address submitted is your corporate email address.

Hershey said it first told LBB of its concerns in 2012. It claims LBB president Nathan Dulley wrote to Hershey in August 2013 and confirmed he agreed to “in principle to stopping the objectionable sales”. Hershey also claims Dulley, in further correspondence that month, admitted the sale of the products infringed the company’s trademarks. However, LBB, Hershey says, did not stop marketing the products.

“What is more, [the] defendant continues to import and sell the infringing products despite previously admitting that its actions infringed Hershey’s trademark rights and repeatedly agreeing to stop its infringing conduct. Hershey brings this suit to prevent LBB from continuing to breach its agreements and to violate Hershey’s acknowledged trademark rights,” Hershey said in its lawsuit.

Hershey is claiming unspecified damages. LBB was unavailable for immediate comment when approached by just-food.