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Intellectual Property Law

Hershey’s candy sues state senator Hershey over his campaign signs

Posted Jun 11, 2014 7:57 AM CDT
By Debra Cassens Weiss

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The Hershey Co. has sued Maryland State Sen. Stephen Hershey Jr. in a bid to get him to stop using campaign signs said to resemble the candy maker’s chocolate bar packaging.

The signs feature the state senator’s name in large block letters over a two-tone brown Maryland flag, the Baltimore Sun reports. The suit claims the signs are an impermissible use of trade dress.

Hershey’s claims the signs will lead people to believe the company supports the senator’s campaign. The suit also claims the lawmaker is not abiding by an earlier agreement to stop using Hershey’s trade dress.

The state senator told the Baltimore Sun in a statement that he was confident of winning in court. "The Hershey Company's allegations raise serious questions about infringing on my constitutional rights of freedom of speech, freedom of association, and participation as a candidate in the political process," he said.

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