Candy Manufacturer Claims Trademark Infringement by Landscaper
A lawsuit filed last month in federal court for the Northern District of West Virginia involves the two logos shown at the right and the similarities, or lack thereof, between them.
At the far right, obviously, is the logo for Reese's Peanut Butter Cups, which are made by the Hershey Company, the well-known candy manufacturer.
The logo to the near right is that of Reese's Nursery and Landscaping, located in Ranson, West Virginia and operated by Reese Clabaugh.
Here is the complaint filed on March 19, 2009, in which Hershey's alleges causes of action for federal trademark infringement, federal false designation of origin, federal trademark dilution, and unfair competition. Hershey Co. v. Reese's Nursery and Landscaping, Civil Action No. 3:09-CV-00017 (N. D. W. Va. 2009).
Hershey claims that the landscaping company's logo "infringes and dilutes the well-known trade dress of Hershey's REESE'S line of products."
There is some similarity between the lettering of the two logos, and although the nursery's logo shown above is in black (or dark brown) and white, it has also used a logo where "Reese's " and the image of the tree were in orange and yellow.
But where is the possibility of any risk of confusion, which is an essential part of demonstrating infringement? Hershey's manufactures and sells a variety of candy products; Reese's nursery provides lawn care and landscaping services, and sells lawn and garden products. I don't see how someone can confuse the two in such a way that Hershey's is harmed.
Doug Rothschild at Cobalt LLP's blog wrote this post about the complaint, in which he noted that, perhaps in response to the lawsuit, the nursery has changed the colors of its logo, but questioned how much damage Hershey's has actually suffered.
And take a look at Martin Schwimmer's The Trademark Blog, which has the nursery's original logo and some interesting comments about the case.
All in all, this lawsuit makes me think that Reese Clabaugh isn't the only one shoveling manure.
