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HERSHEY FOODS CORP. v. VOORTMAN COOKIES LTD.

No. 05 Civ. 970(JSR).

367 F.Supp.2d 596 (2005)

HERSHEY FOODS CORPORATION and Hershey Chocolate & Confectionery Corporation, Plaintiffs, v. VOORTMAN COOKIES LIMITED, Defendant.

United States District Court, S.D. New York.

April 25, 2005.

Attorney(s) appearing for the Case

Kerren R. Misulovin, Paul C. Llewellyn, Thomas A. Smart, Kaye Scholer, LLP, New York City, for Plaintiffs.

Toby Michael John Butterfield, Cowan, DeBaets, Abrahams, Paul C. Llewellyn, Kaye Scholer, LLP, New York City, for Defendant.

MEMORANDUM ORDER

RAKOFF, District Judge.

Plaintiffs Hershey Foods Corporation and Hershey Chocolate & Confectionary Corporation (collectively, "Hershey") manufacture the ZERO® candy bar (the "Zero bar"), which is the size of a typical candy bar and contains a caramel, peanut, and almond nougat center covered with white fudge. The Zero bar is packaged in a silver wrapper that prominently features the word "Zero" in white letters, heavily outlined...

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