Hershey Co. secures victory by default in federal “cybersquatting” lawsuit against Ukrainian company
A federal judge has awarded The Hershey Company a default victory over Ukrainian chocolate maker Hershey accused of “cybersquatting” on its famous “KISSES” brand.
The target of the prosecution, AnyKiss, never responded to trademark infringement lawsuit Hershey filed a case in April 2018, so U.S. Intermediate District Senior Judge Yvette Kane gave the mid-based company victory in the dispute.
KISSES has been the intellectual property of Hershey since 1907, 13 years after Milton Hershey founded the company. Hershey claimed that AnyKiss started cybersquatting three years ago using the domain name “kisschocalaterie.com. “
Cyber squatting occurs when one business tries to capitalize on another’s good reputation by using a domain name so close to the victim’s that customers are confused. This is prohibited under the Federal Act on Consumer Protection against Cyber Squatting.
Hershey claimed that AnyKiss attempted unsuccessfully to register its trademark KISS Chocolaterie with the US Patent Office in 2016, and that the filing was rejected “due to confusion with the KISSES trademarks”.
Kane awarded Hershey more than $ 141,000 in damages and legal costs. She ordered AnyKiss to stop imitating Hershey brands or products in any way and to remove counterfeit social media posts. The kisschocalaterie.com The domain name is also to be transferred to Hershey, the judge said.