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Hershey sues publisher over trademark

HARRISBURG, Pa. (AP) -- The distinctive chocolate bar on the dust jacket of a new book about the founder of The Hershey Co. violates its trademark, the candy maker said in a federal lawsuit.

The company wants an injunction to prevent publisher Simon & Schuster Inc. from using Hershey-owned images to market "Hershey: Milton S. Hershey's Extraordinary Life of Wealth, Empire and Utopian Dreams," which is coming out next month.

Hershey spokeswoman Stephanie Moritz said the company is concerned that consumers may think it "authorized, sponsored or approved" the book. The jacket also depicts a Hershey's Kiss and a subtitle in a font similar to the paper wrapper inside a Kiss.

Simon & Schuster said the Hershey symbols on the cover are "artistically relevant" to the book's subject and not expressly misleading.

"This seems to me to be a backdoor way to try to stop publication by claiming trademark issues, when really they don't like what the book says. I consider it an attempt at censorship," said author Michael D'Antonio.

The publisher is advertising the book as Hershey's first major biography, the story of "a gambler, raconteur, despot and servant."


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