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Hershey's Kiss shape and plume copyright?
I want to use a Hershey Kiss as a logo on my web site to indicate the concept of candy. I am wondering if the Kiss shape is copyright protected. A friend told me that the "plume" (the little piece of paper sticking out of a Hershey Kiss) is copyright protected, but the shape of the kiss itself (flat-bottom tear drop) is not copyright protected. Can anyone make a comment on this? Confirm or deny?
7 Answers
- RandyLv 71 decade ago
After reading the info at the link below I would assume that the packaging, the shape and the plume are all trademarked for these candies. They are so unique that any use of any of these three could leave you open to letters and lawsuits from their lawyers. There are many other generic shapes and images that can be used to represent candy. I'd go with something more safe.
- hamrrfanLv 71 decade ago
The paper plume was a registered trademark in 1924.
The shape and foil wrap in 1976.
See the source and scroll across the History.
- Anonymous1 decade ago
really the only thing that identifies a hershey's kiss as candy is the wrapper and plume. and of course their packaging is protected. why not use a different shape and packaging? one that is not protected.
A registered trademark for the configuration of HERSHEY'S KISSES brand chocolates with their familiar foil wrap was established in 1976. http://www.hersheys.com/products/details/kisses.as...
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- shoshidadLv 51 decade ago
I suspect if the kiss is protected it's protected under trademark law, not copyright.
Try looking at the fine print on the box, if they claim TM or Copyright they'll probably say so on the box.
Source(s): retired lawyer - Anonymous1 decade ago
I went to: http://www.uspto.gov/ and searched for it. Under "Trademarks", link 2 is basic search.
They have about 20 different Registered Trademarks on the name and the "Hershey's Kiss" design.
So... it would be safest to use a completely generic design, not the "Kiss" design.
- Anonymous5 years ago
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Those do sound amazing... but I doubt they could compare to YOUR kisses !!
