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HERSHEY FOODS CORP. v. MARS, INC.

No. Civ.A. 1:CV-97-1719.

998 F.Supp. 500 (1998)

HERSHEY FOODS CORPORATION, and Homestead, Inc., Plaintiffs, v. MARS, INCORPORATED, Defendant.

United States District Court, M.D. Pennsylvania.

March 31, 1998.

Attorney(s) appearing for the Case

Alan R. Boynton, Jr., David E. Lehman, McNees, Wallace & Nurick, Harrisburg, PA, Robert D. Rosenbaum, Roberta L. Horton, James T. Walsh, Elissa J. Preheim, Arnold and Porter, Washington, DC, for Hershey Foods Corp., Homestead, Inc.

James W. Evans, Christopher Charles Conner, Mette Evans & Woodside, Harrisburg, PA, Pasquale A. Razzano, Leslie K. Mitchell, Dorothy C. Alevizatos, Fitzpatrick, Cella, Harper & Scinto, New York City, for Mars, Inc.

MEMORANDUM

CALDWELL, District Judge.

Introduction

The plaintiffs are Hershey Foods Corporation and Homestead, Inc. Hershey makes candy and sells it nationwide. Homestead is a related corporate entity that owns many of Hershey's trademarks and trade dress. (We will refer to Hershey and Homestead collectively as Hershey or the plaintiff.) This lawsuit was filed against Mars, Inc., another major candy maker, alleging violations of federal...

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