The Hershey Company is suing competitor Mars over its Dove chocolate peanut butter Promises packaging design, claiming it is too similar to the design of its Reese Peanut Butter Cups.
Hershey claims that Mars’ Dove Promises, which features an orange diagonal wave against a brown background, constitutes trademark infringement and dilution, and unfair competition.
Mars hit back last week in a pre-emptive suit held in the US District Court for the Eastern District of Virginia, saying that Hershey had previously admitted that it did not have exclusive rights to use the colour orange for peanut butter candy.