It's bad news for fans of British chocolate in the U.S. After The Hershey Company filed a trademark lawsuit against importer Let's Buy British (L.B.B.) in federal court in Pennsylvania, the parties reached an agreement that L.B.B. would no longer import certain chocolates to the U.S. The candy in question includes all Cadbury's chocolate made overseas, as well as Toffee Crisp, Yorkie, Maltesers and British KitKat confections.
According to the New York Times, Hershey alleges that products such as Toffee Crisps infringe on their U.S. trademark, as the packaging closely resembles that of Reese's Cups, and that customers may be misled by products such as the Yorkie (which has a similar name to the York peppermint patty) and Cadbury's chocolate, which Hershey manufactures in the U.S. with a different recipe. Hershey claimed that L.B.B. was violating both its trademark and trade dress licensing rights by importing products that were not meant for sale in the U.S.
The New York Times reports that this is controversial because of the taste difference between the two chocolates. Cadbury's imported from Britain has a higher fat content and its first ingredient is milk, whereas American Cadbury's first ingredient is sugar and includes additives to give it a longer shelf life.