Hershey Foods and Mars Inc. are suing each other over who gets to use orange packaging for peanut-butter-and-chocolate candy. Hershey’s suit, filed in federal court in Pennsylvania, says Hershey has copyrighted the orange hue for its iconic Reese’s line, and alleges that Mars’ use of the color for Dove Peanut Butter Promises could confuse consumers. Mars filed a countersuit in a Virginia federal court, claiming orange is “a generic flavor designation” for peanut-flavored products. The Mars suit seeks a declaration that the company is not violating any copyrights.
Dove uses orange, Hershey sees red
November 29, 2010