Molly Van Houweling, an assistant professor of law at the University of California at Berkeley’s law school, called the case unusual.
“Trademark law usually involves disputes between potential competitors,” she said. “These seem to be goods marketed in different channels. You do not find these products marketed next to each other on store shelves.”
Van Houweling said Hershey’s unusual lawsuit could actually end up increasing the public’s association of the Hershey name with illegal drugs.
“It never probably would have been brought to my attention if it weren’t for this lawsuit,” she said. “If [Hershey is] really worried about the association in the public’s mind about their name associated with these illicit products, it seems that the lawsuit has amplified that.”