Cease and de-kiss!
Hershey’s is threatening legal action against high-end New York chocolatier Jacques Torres for the Champagne Kiss confections that the corporation contends violate its century-old trademark.
“Hershey is concerned that Jacques Torres Chocolate’s use of the mark KISS or KISSES may cause consumer confusion with Hershey,” the company wrote in a letter this week.
“Therefore, we demand that Jacques Torres Chocolate immediately discontinue its use of the mark KISS or KISSES.”
But Torres — whose chocolates are 30 times more expensive and contain half the ingredients of Hershey’s Kisses — is fighting back.
“Why are they coming after me, the little guy, when no one would mistake their chocolates for mine?” he said. “I respect what they do, but I was shocked when I received this letter.”
Torres, who has two locations in Manhattan and his flagship shop in Brooklyn’s DUMBO, conceived of his Champagne Kiss several years ago, as a Valentine’s Day promotion.
“It was very simple and made to look like a lady would give a kiss with lipstick,” he said. “Plus, mine are called Kiss, not Kisses.”
The company has trademarked “Kisses” but not the singular “Kiss.” But Hershey’s contends Torres is still diluting its brand.
At $1.50 apiece, compared to a nickel for each of the 72 Hershey’s Kisses that come in a 12-ounce bag, there isn’t much cause for confusion, Torres said.
His is a “completely different experience at a completely different price point,” Torres said.
“I make my chocolates very simply, with only a few ingredients,” he said.
“The ingredients are chocolate, champagne, a little bit of cream, a little bit of sugar and, of course, butter — the French put butter in everything”
In response to Hershey’s letter, Torres’ attorneys said they would go to court if necessary.
“Mr. Torres vigorously disputes your contention that he is using or infringing upon a Hershey-owned trademark,” the letter states.
To help make his case, Torres will soon let customers at his three stores have free tastes of the Champagne Kiss.
He has also established an online petition on his Facebook page.
Hershey’s did not immediately return a call seeking comment.