Mars and Hershey settle Malteser spat ‘amicably’

By Oliver Nieburg

- Last updated on GMT

Mars had accused Hershey's Malteser (pictured) of being too similar to Mars' Maltesers brand
Mars had accused Hershey's Malteser (pictured) of being too similar to Mars' Maltesers brand

Related tags Lawsuit Civil procedure Trial

Mars and Hershey have reached an out of court settlement in a Maltesers trademark case in the US.

Mars brought civil action against Hershey in a district court in Virginia​ in April last year. It accused Hershey of ‘tricking consumers with fake maltesers’ through the Pennsylvanian firm’s Malteser (singular) brand.

Hershey counterclaimed in May last year. It said Mars had infringed Hershey’s sublicensed Malteser trademark and called for an injunction to pull Mars’ Maltesers from US shelves.

Case dropped

maltesers compared

Hershey’s head of corporate communications Jeff Beckman said: “The matter was settled amicably, and Hershey and Mars have both dropped suits against each other related to the Malteser brand."

Anthony Guerrieri, director of external affairs at Mars Chocolate North America, said: “The Maltesers trademark lawsuit has been resolved amicably, and we are satisfied with the outcome.”

We asked both parties how the agreement would affect distribution of the brands, but the companies said details were confidential.

Malt ball history

Leaf's malteser brand - hershey's counterclaim
Leaf's Malteser brand. Source: Hershey's counterclaim court documents

Mars said it created its chocolate-covered malt ball candy in 1936 and branded it Maltesers. It adopted red packaging in 1978, but never registered a US trademark for the brand.

Hershey said that Leaf Brands won a US trademark for Malteser in 1963. It said that Leaf assigned the trademark to Huhtamaki in 1996, which granted an exclusive license to Homestead, an affiliate of Hershey.

Hershey then sold products under the Malteser brand as a sub-licensee after 1996.

Mars sued original Malteser registrant Leaf Brands in 1993, but the parties settled out of court.

In 2011, Hershey dropped a case against Mars in which it accused Mars’ packaging for its Dove brand of being too similar to Reese’s. 

Related topics Manufacturers Chocolate Mars Hershey

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