Canadian Packaging

Mars Attacked!

The Hershey Company has sued its competitor Mars over allegations its Dove peanut putter milk chocolate Promises, has too many similar packaging elements to Hershey's Reese's (aka Reese, in Canada) Peanut Butter Cups, citing a similar package design and similar orange color on the outer packaging.


December 1, 2010
by Canadian Packaging Staff

The Hershey Company has sued its competitor Mars over allegations its Dove peanut putter milk chocolate Promises, has too many similar packaging elements to Hershey’s Reese’s (aka Reese, in Canada) Peanut Butter Cups, citing a similar package design and  similar orange color on the outer packaging.

In the statement, Hershey claims the Promises packaging uses an orange diagonal wave against a brown background, similar to its own Reese’s packaging, which constitutes a trademark infringement, dilution and unfair competition.

Mars responded by filing its own pre-emptive suit in the US District Court for the Eastern District of Virginia, noting that Hershey had previously admitted it did not have exclusive to use ‘orange’ for all peanut butter candies and that the color is often used to denote the peanut butter flavor within chocolates and candies. The admission came forth during a similar situation in August 2010, when Mars sued Hershey over a similar claim of copyright infringement regarding packaging, with the two companies settling out of court.

Hershey’s assistant general counsel, global IP, Lois Duquette sent Mars a cease-and-desist letter dated November 3, which states: “It can come as no surprise to Mars that Hershey, having objected to the color of the individual Dove peanut butter chocolate wrappers and filed a counterclaim to obtain a change of that color, would have a serious problem with Mars’ revising the outer package to add orange as a substantial background color.”






Category Captains 2019
Machinery