Intellectual Property Law

Hershey v Chocolate 'Couch Bar'

By Marty Schwimmer

Art Van sells furniture. Truck is pictured above. Hershey protested. Interestingly, this complaint contains, in addition to trade dress claims, a conversion claim. Conversion usually involves defendant maintaining control over a chattel. I'm aware of conversion theories applied to intangible property but usually where a chattel bears a relationship to a property right (such as a security certificate or a domain name). If you're familiar with the use of conversion as applied to trademarks, please leave a comment.

In any event, Hershey obtained a TRO against use of the truck on its 'dilution by blurring' theory. Complaint and decision below (I think there is a mistake on page 29, para. E of the decision, that says Defendant when I think the Court meant Plaintiff).

Full post as published by Trademark Blog on October 29, 2008 (boomark / email).