Originally created 12/29/05

Hershey settles lawsuit over book's cover



HARRISBURG, Pa. - The Hershey Co. has settled a trademark-violation lawsuit against Simon & Schuster Inc. over a new book with a dust jacket that includes the familiar image of a Hershey chocolate bar.

Under the settlement, the New York-based publisher agreed to add an image in the upper left corner of the dust jacket's front cover stating that the book - "Hershey: Milton S. Hershey's Extraordinary Life of Wealth, Empire and Utopian Dreams" - is "neither authorized nor sponsored by The Hershey Company."

"A similar disclaimer already added by online retailers on their Web sites will further help protect our trademarks and trade dress by making it clear that this book is not sponsored or licensed by The Hershey Co.," Burton H. Snyder, Hershey's senior vice president and general counsel, said in a statement.

Hershey, the nation's largest candy maker, filed a federal lawsuit nearly two weeks ago seeking an injunction to bar Simon & Schuster from using Hershey-owned images to market the book, which is slated to be released in January.

The company said it was concerned that consumers might think Hershey authorized the book, the dust jacket of which also includes a Hershey's Kiss and two older advertising images.

Author Michael D'Antonio called the settlement "a victory for people who can't tell the difference between recycled paper and chocolate" and praised Simon & Schuster for fighting the lawsuit.

"They really stepped up to the plate," D'Antonio said in a telephone interview.

Following the settlement, Hershey's lawsuit was dismissed Wednesday by U.S. District Judge Yvette Kane in Harrisburg.

The book covers the life of Milton S. Hershey, who built the company into a manufacturing behemoth and used his wealth to endow what is today a multibillion-dollar trust devoted to the health and education of children. The publisher is marketing the book as Hershey's first major biography.