Dallas’ Perennials, Inc. filed, on October 18, 2010, a declaratory judgment lawsuit against The Hershey Company in the Northern District of Texas (pdf copy of complaint located here). Perennials’ lawsuit claims that Hershey sent it a cease and desist letter, but that Perennials’ “use of the descriptor Chocolate Kiss for its fabric lines is not an infringement of” Hershey’s “Kiss” and “Kisses” trademark. The cease and desist letter noted that an option available to Hershey would be to file a federal lawsuit and demanded that Perennials agree to, among other things, cease and desist all use of the mark “Chocolate Kiss.” In response, Perennials claims that it told Hershey about its long use of the “Chocolate Kiss” descriptor, but that Hershey advised that it was “moving full steam ahead.”
“To remove the uncertainty that has arisen due to” Hershey’s actions, Perennials filed its declaratory judgment lawsuit. Perennials’ suit seeks a declaration of non-infringement of Hershey’s trademarks.
Perennials is represented by attorneys with Gardere Wynne Sewell, LLP, including Kenneth Glaser, Michael Dubner, and Terrell Miller.
Amy Wright, of Taft Stettinius & Hollister LLP, represents Hershey.
The case is before Judge Lynn.