WESTCHESTER COUNTY, N.Y. -- Businesses in Westchester County are selling the final inventory of its Cadbury candies from England, and won't be re-stocking due to a trademark dispute with Hershey.
The Hershey Co. brought an intellectual property lawsuit against Let's Buy British Imports, claiming some British candies are too similar to those manufactured by Hershey's and cannot be sold in the United States.
Cadbury has been selling its chocolate in the United States for more than 30 years.
Some of the packing on the differing products are too similar, according to Hershey. Names of the candies are also similar, and Hershey's also holds an exclusive right to produce some British candies, such as Cadbury Creme Eggs, and package them under the same name as the originals, according to the lawsuit.
Some of the candies Hershey targeted include the European-made Nestle Kit Kat, Toffee Crisp, Yorkie and Rolo bars and Mars Inc.’s Maltesers.
Hershey won a similar lawsuit against Posh Nosh Imports Inc. from shipping candy to the United States.
The candy from England is particularly craved by natives of the United Kingdom now living in the United States. They believe the imported candy is creamier and tastes better than the American brand.
Eve Raymond, a co-owner of Penny Ha’Penny, in Wilton, Conn., said in an article on Westfaironline.com that customers would not switch to Hershey products even if deprived of their favorite imported favorites. “Customers don’t want American chocolate; the cocoa content is different, the sugar content is way off,” Raymond said.
A petition on MoveOn.org has more than 36,000 signatures. "The audacity of Hershey to tell consumers what they can and cannot buy. Stop selling mass produced garbage and maybe we wouldn't look else where for our treats. Hershey is now banned from my home. I will be searching the internet for some real Cadbury Chocolate from either GB or Ireland.'' Alfonzo Mendoza of the Bronx wrote on one of the petitions on MoveOn.org.
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