According to this article in DumboNYC, local chocolatier Jacques Torres has been threatened with a trademark infringement lawsuit by choco-giant Hershey’s because of Torres’ use of the name “Champagne Kiss” for a confection he created a couple of years ago for Valentine’s Day. Hershey’s alleges that Torres’ use of “Kiss” infringes on its trademark “Hershey’s Kisses” used for its famous conical chocolate drops. Torres’ creation is a rectangular solid piece of dark or milk chocolate, hard on the outside but with a soft center, and bearing a red imprint in the shape of a woman’s lips. According to Torres, the two confections are so dissimilar that no one is likely to confuse them, and Hershey’s trademark only applies to “kisses” not “kiss.” To support his argument, Torres invited chocolate lovers to enjoy a free sample Champagne Kiss at his store on Water Street in DUMBO, an invitation that your correspondent was happy to accept (see photo). My verdict? Delicious, with a hint of Champagne flavor, and most unlikely to be confused with the Hershey product.
Your Correspondent Goes to Jacques Torres, Gets Free Champagne Kiss
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