younghairlove

Chocolate in a kiss? whaaat? like if chocolate wasn't good enough!!! yum yum!!

PoppysVintageGarden

Oh My! Strange How can you sue about Kisses!... Anyways Woot for Heartsizedcrush.etsy.com Love you doll!

aBreathofFrenchair

I like the lip stamp!!

younghairlove

There is something about lips, isn't it? they are just perfect!! I love that kissy brooch of felt, how amazing, the kiss me illustration, the button ring and the lipstick traces, genius!! Regards to Hercheys, i don't think they have the most ultimate chocolate taste, a bit oily, english people loves it, but i'm into the toblerone, or 80% cocoa, kind of extremes, yes.

younghairlove

You didnt just say truffles....

aimeesarmoire

Really fighting the urge to do some online shopping at the Jacques Torres shop.... really fighting urge... really... losing ... this... battle.

Oh well, I'll recover nicely with some champagne-chocolate kisses!

PoisonedCreations

Very strange!!

HeartSizedCrush rocks!!! I absolutely love all her designs!

TheBrassHussy

I think the judge would find in favor of the defendant. All though they are using kiss in marketing their chocolate champagne kiss candies, they are not shaped or packaged like Hersey's kisses.

As a average person who loves Hersey's kisses, if I saw the defendants product, I would not think of Hersey's kisses.

LittleMommaErin

crazy!

i think they should be able to use it.

and great hair pins, HeartSizedCrush!!!
your shop is amazing!!

younghairlove

There is a likehood of confusion, yes. Now are people going to be suied for using the word chocolate?
These two brands do not look identical, the word kiss isn't a new word, and when did these two created their product? who created the kiss, or kisses chocolate first?
I say , let's stop arguing and let start eating!!!

SyntheticSeduction

How strange...
Heartsizedcrush.etsy.com is amazing by the way!! ;)

VintageSurplus

Sounds similar to Spike Lee's suing of Spike TV for using "his" name in their title. The English language only has so many words...let's hope that our grandkids will still be able to use them all without being sued for copyright infringement!
So sad when this happens...leaves a bad taste in the mouth despite the delicious chocolate.
I'm a HUGE fan of Hershey's...but really, I think they've got the biggest piece of the market. Is it really necessary for them to sue???

SophiesCloset

I asked the real experts - my kids (2,4 & 6) which were the Hershey's kisses ...no confusion there (my 6 year old told me we should order the champagne ones - "can we still have one?" as they look far more 'luscious'- her latest word - with the 'lipstick' prints on them).
I guess in the name of education for my children I should purchase some of both so as we can contrast and compare?????

VintageEye

i can't think about complex legal issues right now...i need some chocolate first!

Zygopsyche

In my opinion there is absolutely no infringement, they look totally different and are obviously a different quality. I don't think companies have the right to own words that are commonly used in the english language. If the company was trying to make a knock off, then sure, Hershey would have the right to protect themselves. But in this case there is absolutely no likeness at all.

HibouCards

I doubt people will be confused about the two VERY different brands!
Great picks... there's something about red lips that is so attractive... :)

JudiPaintedit

Hershey has every right to fight this. I would!

JudiPaintedit

Its not that the look different. The argument is that Jacques Torres Chocolate’s use of the mark KISS or KISSES may cause consumer confusion with Hershey.

FlanneryCrane

I don't think Hershey's has a case. After reading your description, it seems both chocolates have their own place in the mix.
I need chocolate...

FlanneryCrane

Plus I think they need to give consumer's credit for being able to see the difference between the two. Geez...

PsycoHatress

heartsizedcrush ftw!

HazelHoney

I think the name Champagne Kiss truffles sounds nothing like hershey's kisses and they are totally different looking package wise.
I'm not confused as a chocolate cosumer so let the name stand.

beautifulbridget

love that kiss stamp!!

ficklefaerie

I don't think Hershey should have been given a copywrite on an English language word like KISS....a Hershey Kiss is a Hershey Kiss...its not a square piece of chocolate with kissie lips on it. That law suit is a big waste of money when times are so tough.

WhiteFlagDesigns

Hershey's has been making Hershey's Kisses for HOW LONG? That other guy should have known better and never should have used that word in the name of his (I'm sure) delicious chocolate product. Seriously. They look wonderful, but "kiss", when applied to chocolate, has belonged to the Hershey company for as long as I've been alive. Dude could have come up with something a little less trademark-infringey.
On the other hand, I highly doubt that dude's high-end chocolate sales are going to detract from Hershey's sales one bit, so I dunno. I do know, however, that were the shoe on the other foot, and Hershey's had used the term "kiss" for their candies years after Mr. Torres had established his product, the guy would be pitching a fit and suing Hershey's for as much money as he could get.

breadandroses2

Hershey must consider their customers to be rather thick if they think buyers would be confused by these two absolutely distinct products. Allegation without merit, i.e. ridiculous. Hasn't Hershey's been experiencing revenue problems recently? Maybe a money grab on Hershey's part. Time to support small scale, handcrafted chocolate amkes here in Etsy instead of the big players.

breadandroses2

Oops! That should have read 'chocolate makers' above.

suzshan

I agree with breadandroses2. Just like a mega-corporation to try and crush the small guy (I guess since they bought out Scharfenberger(sp) they want to continue their take over of the high end chocolate arena). Definitely time to support more smaller scale, handcrafted chocolate makers. It is worth it.

Absidy

I'd know my girl's lips anywhere :) I love you Karlakins of heartsizedcrush!

SweetwaterGifts

I agree with WhiteFlagDesigns, but then again I don't. We are talking about the copywrite of a common English word to Hershey's benefit. It isn't a phrase or slogan they came up with. What if Kleenex had trademarked the word "tissue" along with it's brand name? I'd think it's a safe bet that they could have since before this Kleenex's popularity a cloth hanky was commonly used. Outside of the word itself - there is no similarity in the products' shape (which I agree would be a major issue), ingredient make-up, packaging, etc. I hardly think anyone could confuse a mass-produced and mass-marketed chocolate for a handcrafted specialty chocolate!

SteppingStones

Huh... normally I would side with the... what suitee.. suitor??? But this one is thin..... Gimme a break.... It's just a kiss baby!! They don't look alike, aren't packaged alike....

I'm gonna be a Swiss chocolate here and say I'd still eat both!!!

JewelryHoldersForYou

champagne-chocolate kisses? Oh my! oh my! oh my! How wonderful! Must have some!
I see this as Hersheys insecurities of a rival chocolate company taking some of their business from them. Nothing to do with words. That just would not stand up in court.

elisasherejewelry

From a branding perspective, it wasn't the smartest move by Jacques Torres to use the word "kiss" on his chocolate product. Everyone associates the word kiss with Hershey's Chocolate Kisses.

Because of that association, Jacques will most likely lose this battle. Although the product doesn't resemble a Hershey's Kiss, it uses the name, it is a bite sized chocolate product. Too close. Also, Hershey's probably has a lot of legal power, which is a something to consider. With that said - his chocolate sounds amazing.

BluCille

Wow. Reminds me of that Rolling Stones shirt that I can't stand. My sister in law actually wore that shirt when we went to Hershey park!

sseloske

Apples to oranges.

awkwardbull

My kneejerk reaction is to side with the underdog and against the large corporation; however, I think Hershey's does have a point. Their product is synonymous with the word "kisses," and they have gone to the trouble and expense of trademarking the word.

I will say, though, that most consumers who really know chocolate and are willing to pay for a high-end product are going to know the difference. Someone who doesn't is going to be like, "What?! These are way more than Kisses. Where's the nearest Walgreen's?" I don't think Hershey's should lose much business or sleep over this one.

BluCille

About the trademark issue: I don't think Hershey should be so conceited as to think that they own kiss prints! Like I mentioned in my earlier post, it reminds me of the Rolling Stones so why don't they sue Hershey and Chef Torres (oh please). On the other hand I think Jacques Torres could use this as an opportunity to find a more tasteful and attractive way to decorate and market his truffles.

Karmacrochet

I think Hershey's should pack their bags and go home. The only think similar is both products have chocolate. As far as the kiss part, that is a common word.

I cannot see how a consumer can get confused. (the whole thing sound like Hershey's BS to me)

:-)

TheCottageCheese

It's sad that Hershey has created so much drama in the chocolate community. But I'm not offended enough to stop eating the classic Kisses ;)

1AEON

:)

CutieDynamite

Great picks! I think I need to try this champagne chocolate kiss!

LisaFerinDesigns

Confusion?!? I think not. The world's big enough for lots of kisses! I love Jacques Torres!
And what wonderful Etsy picks too!

mythunderstood

Striking!

dcoyote

I hope Hershey's doesn't win. They already rule the chocolate industy.

thestapeliacompany

This whole issue is proposterous. We all know Hershey's kisses aren't high end and people love them anyway and the champagne chocolates are also wonderful. These two chocolate makers need to "kiss" and make up. ;)

thestapeliacompany

proposterous = preposterous. The chocolate got me all worked up! :)

IceCreamCandy

xoxo:)

paperelle

I work right by Jacque Torres location in the lower west side of Manhattan. I've eaten Hershey kisses. They are not equal, and I was never confused!

peacefu1

I didn't know about Jacque Torres Chocolate’s, but because Hersheys opened their mouth I o now... gonna go try some and I think that will probably be one less Hershey's kiss I will buy or maybe more! ha

MyJunkyTrunk

Ooh! Those bobby pins are too cute!

copperlilly

I've enjoyed many a Jacques Torres chocolate myself when I was living in NYC, and trust me there is no confusion! I actually turned down a job because it was across the street from Jacques' Manhattan location, I knew I'd be eating them all the time.

Sarah, if you haven't already, you must try the chocolate chip cookies. Best ever.

recycledwares

to trademark a word like Kiss or Kisses seems so silly to me, especially when it is a word in the dictionary that people use on a daily basis. now if they created a word, that would be a different story. i think the name as a whole could be trademarked "hershey's chocolate kiss", but not just the word kiss.

pandawithcookie

I am intrigued by the person who would mistake Hershey's chocolate for Jacques Torres chocolate.

younghairlove

O, I don't know, give me some chocolate and I will think better!!

My opinion:
Did Jacques tried his own chocolate and compared it to a kiss and went for it? or did he know about hersheys success and erm, went for it?

If Jacques would have gone with 'Hersheys- kiss' as a name then I would totally understand the lawsuit, but he didnt.

Now, couldnt he have simply chosen an other name knowing he could get suied or was he genuine and lost in his chocolate?

Also, what is this about? kisses copyrighted? how about 'and' 'The', 'Be', 'chocolate' words will they be copyrighted next?

C' mon!! what a crazy lawsuit!!

younghairlove

Hersheys need a piece of Jacques chocolate so they can calm down.

dragonhouseofyuen

No confusion -
.... I think the lawyers are being paid a tad too much .....

lilworkerb

mmmmmmmmmmmmmmmmmmmmmmmmmm CHOCOLATE!

flapperdoodle

I think Hershey's is being greedy and overly protective of their copyright!
By the way, I have a painting in my other etsy shop that easily could be the poster child for this discussion! THE KISS - a take-off on Klimt & Hersheys!
http://www.etsy.com/view_listing.php?...

DownToTheWireDesigns

I think the products are different that the smaller company could win, but I never would have named a chocolate product a "kiss". Right or wrong, Hershey's has the resources to make this a long drawn out court case. Whether or not it ultimately wins, the little guy is going to get bled.

lovelygifts

I think they are different enough to be able to use it. Enough said, I need a chocolate fix!

urbaneden

I agree with DownToTheWireDesigns--Jacques Torres should be able to use the word kiss so long as it's packaged differently, but will probably ultimately lose because he'll run out of the money he needs to defend himself.

But I think I need to sample some champagne kisses just to be sure they're very different. :)

jodieflowers

I have a few kisses in my "Ceramic Fun" Section in my shop! Stop by and check them out! xxxooooxxxx

mummumscrafts

I think Jacques should be able to use the word kiss for his chocolates. Unfortunately Hershey will probably win, as others have mentioned, by causing the little guy to go out of business trying to defend himself. It stinks and is so unfortunate. All the big boys don't want the little guys to take away their customers, so they cause a big stink and the little guy gets sunk :(

shiphrah99

Aw come on: how stupid does someone have to be to confuse the two products? This reminds me of Ernest Gallo suing his own brother (!) when Joe started making and marketing "Joseph Gallo Cheese." People would confuse cheese with wine??? I could accept either case if the little guys' products were lousy and that somehow reflected badly on the big guys. But this is rediculous!

chARiTyelise

i love both products myself.... a long time fan of Jacques Torres and super lover of the hershey's kiss... and i think that the differences are clear enough to keep anyone from being confused.

bittersweetdesign

1907 is a long time ago - I believe when Hersheys trademarked 'kisses' - they also trademarked the word 'hugs' - knowing someday they would create a product to fit - which indeed they have.
I believe Hersheys has a right to the word - they did lay claim to it over 100 years ago, after all. It is really a matter of respecting the law.
Jacques should have done his homework - and now instead of fighting Hersheys, he should save himself some money and change the name to 'Champagne Smooches'.
Will there ever be confusion between the two? I doubt it. They are obviously two different types of products.

MyGrandmasAttic

I think it is such a stretch. Im sure! The chocolates look nothing like the Hershey's and have totally different shapes and packaging. Ridiculous.

oyster

Hahaha...great self-promotion for Hershey's! Of course they'd choose to be in a tussle w/ Jacques Torres, and not the blue-collared Delta Sonic Carwash w/ the term 'kiss' and the lipstick trace all over their marketing stuff.

Champagne truffles - lots of high-end chocolatiers offer them, though very very few live up to the implied fantasy of the name. At $1.50 each - these are on the affordable end. Hmmm...time to order a box...

whimsicals

If anyone is confused at this point they've had too much beer!.....More kissing - - less suing.

sleepypillow

Hershey's are the best 'Kisses' chocolate!

eclipse

I don't think there would be any confusion by the consumer, since the shape of a Hershey's Kiss is as iconic as the name (or even more so).
Plus, Jacques Torres is not using "Kiss" as the main noun in his product name. His chocolates are not called "Kisses", they are Truffles, and the FLAVOR is called "Champagne Kiss". I am sure they make many other flavors of truffles too. This is just one of many products he makes.

On the other hand, Hershey's Kisses are so well known it was pretty dumb for Torres to choose that name, there are many other names he could have called them, and still kept the lip print design. I don't think the name "Kiss" is that integral to his product, it's basically a Champagne Truffle, and he could call it that.
If he is forced to change the name I don't think it will hurt his product or his sales to call them something else. He actually seems to be using this lawsuit to gain more press and free advertising. (even this very Storque article will probably result in a few sales for him, judging by the comments.) He's got some youtube videos that seem to be capitalizing on the press from the suit.
That leaves a bad impression with me, almost like he knew there would be legal issues by using the name Kiss, and is using the famous Hershey name to gain a little more notoriety for his own business.

evihan

wowww...great fun:-)

thebestvintage

I say Hershey's are the best too!
Does Godiva make kisses???

taxikab87

I think Hershey doesn't really have something to complain about. As someone already said, they're not called "Kisses", its the flavor name. Hershey just needs to chill out a bit.

babook

I love the all kiss lip those are showing the some enthusiastic and sexy ... http://www.babook.etsy.com

BelleMereBelleFille

First of all, I don't consider Hershey's chocolate chocolate at all. And second, 'Champagne Kiss' is a world away from 'Hershey's Kisses' and I'm sure that Jacque Torres makes sure there's cacao content in his product.

kidacollective

I'm with BelleMereBelleFille on this one. If I want a chocolate kiss, it has to be a Baci. ;)

BayMoonDesign

I love Hershey chocolate kisses. These picks are delicious too!

MelroseFields

I think elisasherejewelry stated it very well. If you have ever been involved in marketing and developing a brand, no matter how long ago that was and how much money you have or the market share you own, you have the right to protect it. It is not always about look or exact title that can be grounds for infringement. It may seem frivolous, but there are many legitimate business reasons why a large company would go after a small company outside of being a "bully".

Jacques lawyers and own research should have told him to stay away from the use of kiss or maybe he just choose to take the risk for his own media exposure....

SmallEarthVintage

Jacques Torres for the win just because he rules over Hershey's, taste-wise. I love his dark chocolate cornflake clusters!

SundraSandrusi

Great discussion!!!!

ChelseaVanTol

love all of these lippy items

oldfashionallies

Oh, it's so annoying how hyper-sensitive corporations get about stuff like these. Like people are really sitting there contemplating which chocolate their going to choose. When one is out to buy Hersey's Kisses, the only competition would be M&M's. (Which, what about Hershey Kissables? Total M&M knock off) When one is out to buy Jacque Torres truffles, they are not even considering Hershey's Kisses.

Signs

Who doesn't automatically associate the word kiss or kisses with Hershey when it is describing chocolate. The word kiss would not be an issue at all if it was used with something besides chocolate. I don't think Hershey is wrong for defending the word kiss or kisses when it comes to describing chocolate. Its a mark they have on chocolate.

Now in Jacque Torres I think if the chocolate did not have the lip design on it he would lose without question because he is using a word that Hershey has spent lots of money on as a term to describe their chocolate product.

If you look at his website it says with "kiss" design which technically has nothing to do w/ the chocolate. The word kiss is describing the design not the chocolate. The only gray area is that he is advertising it on his box as a "Champagne Kiss" and not a "Champagne Truffle with Kiss Design." If I search "chocolate kiss" on the net expecting to find a hershey product and find his instead, this is the only confusion I could see possible.

RagnazIdnar

Interesting lawsuit. What confuses me is that around Valentines Day there are TONS of chocolates sold in stores that are shaped like lips and have many variations of the name "chocolate kiss" for them. Why go after a unique brand like Jacque Torres when they are clearly different than Hershey kisses? I doubt that many would confuse a flat shaped chocolate called a *champagne* kiss with a dollop-shaped chocolate called a Hershey Kiss. Odd.

I doubt this kind of lawsuit is very uncommon though.

MouseTrapVintage

Jacque Torres is AWESOME! This lawsuit is totally bogus! Boo Hersheys!

EJPcreations

This is all very interesting! Can't wait to see what happens!

KreativeKrafter

I love the "kiss me" picture...Now if I could just get my own lips to look that great I'd be in 7th heaven! :)

brownbelly

this makes me wanna eat chocolate now!

monkeyandsquirrel

cute! i dream of the day they make a vegan hershey kiss... wishful thinking!

misscrazy

idk

forgetmeknottreasure

I can't believe Hershey can be so petty but then again they haven't been a small business in over a 100 years. Besides the word kiss is a word has been around longer then when hershey trademarked it in the early 1900's for what maybe $20 bucks back then. Of course back then the world was very different then it is now. It was a whole lot smaller.

I'm sitting here dreaming of chocolate!!!!

Tina669

wowww...great fun:-)