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Pop this in your mouth: Mars sues Hershey over similar sounding candy name, packaging

By WTOP Staff

Call it the candy wars, round three: This time Mars Inc. is going after rival Hershey over chocolate-covered malt balls, all-red packaging and a missing letter “s.” 

The McLean candy maker is accusing Hershey Co. and Hershey Chocolate & Confectionary Corp.  of brand deception and trademark infringement in a pleading that pits Mars’ Maltesers against a variation of Hershey’s Whoppers. The latter are sold sporadically under the name Malteser — no “s” — in similarly colored and designed packages,& nbsp;according to Mars’ complaint.

Mars said “Hershey’s token, bad faith use of MALTESER and the knock-off, all red packaging” has caused it to lose control over its product’s reputation. The complaint seeks a permanent injunction against Hershey’s use of the Malteser mark, plus unspecified damages for lost profits.

Regarding reputation, the suit takes a swipe at the quality of Hershey product: “The malt wasn’t crispy — what the heck?” the complaint quotes an Amazon.com user from March 19 as writing, one of several unidentified Internet postings cited in the suit.

The Washington office of McDermott Will & Emery, which filed the suit April 15 in the Eastern District of Virginia on behalf of Mars, did not immediately returned a phone call seeking comment Wednesday.

Hershey has not formally replied to the lawsuit, but the spokesman Jeff Beckman issued this statement: “This lawsuit is without merit. The Hershey Company has owned the MALTESER trademark in the United States for more than 15 years. We intend to vigorously defend against this groundless litigation.”

Here’s the background: Mars began selling Maltesers in the United Kingdom during the late 1930s and in 1978 created the all-red package design the company still uses today, the suit states. In 1995 Mars registered the domain maltesers.com and  the candy even has its own Facebook page with more than 1.6 million “Likes.”

In the 1960s a U.S. company called Leaf Brands Inc. began selling milk chocolate-covered honeycomb balls under the name Malteser. Mars sued the company in 1993, alleging Leaf had abandoned the Malteser mark through non-use. The companies settled the action, but a few years later Leaf transferred the Malteser mark to a Dutch company called Huhtamaki Finance B.V. In 1998 Huhtamaki sold the candy name to a Hershey affiliate “to protect its Whoppers candy from competition in the United States by Mars’ Maltesers candy,” according to the suit.

The lawsuit says Hershey deliberately copied Mars’ red packaging, including a halved image of one of the malt balls, in 2010 with the intention of deceiving candy buyers.

This is not the first time the two candy makers have gone head-to-head in court.  Mars sued Hershey in 2009 over commercials for its Bliss chocolate that the hometown company said copied TV ads for its popular Dove chocolate brand.  Hershey sued Mars the following year  over the packaging of peanut butter chocolate Promise squares, which the Pennsylvania company said mimicked its Reese’s peanut butter chocolate products.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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