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You be the Judge: Chocolate Kisses

Jun 12, 2009

by Sarah Feingold

Etsy.com handmade and vintage goods

I’m sitting in my Etsyified office on a beautiful spring afternoon eating some delicious Hershey’s Kisses and researching a newsworthy and entertaining pending issue for the Etsy community to judge.  I’m in heaven!

I unwrap the silver foil from the bite-sized tear-drop chocolate morsel and pop it into my mouth.  Although this treat is delicious, I do sometimes prefer the more expensive Jacque Torres chocolates made just a few blocks away in Brooklyn.

Hershey’s is one of the largest chocolate manufacturers in North America.  In 1907, Hershey’s introduced its small flat-bottomed conical-shaped pieces of chocolate named “Hershey’s Kisses.”  Hershey Chocolate & Confectionary Corporation, a subsidiary of The Hershey Company, owns the U.S. federal trademark registration for the mark “Kisses.”

Brooklyn-based Jacques Torres Chocolate specializes in fresh, hand-crafted chocolates.  Jacques Torres sells “Champagne Kiss” truffles, which contain Taittinger Rose Champagne, and cost around $1.50 each.

Recently, Hershey’s attorneys sent Mr. Torres a letter stating “Hershey is concerned that Jacques Torres Chocolate’s use of the mark KISS or KISSES may cause consumer confusion with Hershey as to the source, sponsorship, or affiliate of Jacque Torres Chocolate’s product.”  The letter went on to demand that Mr. Torres immediately discontinue the use of the mark KISS or KISSES in connection with its chocolate candies.

A lawyer for Torres replied and offered a number of examples to substantiate their claim that any concern of “consumer confusion” is without merit.  According to Torres’s lawyer, Jacque Torres chocolates are “high end” and are not marketed like Hershey’s products as the first ingredient in Torres’ Kisses is champagne.  Also the shape of the chocolates is flat and unlike a Hershey’s Kiss.

According to the United States Patent and Trademark Office, a trademark protects “words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods.”  To find a likelihood of confusion, the parties will examine 1) the similarity of the marks; and 2) the commercial relationship between the goods and/or services listed in the application.

This potential lawsuit is very near and dear to my heart because I am a fan of both types of chocolate.   Do you think that Hershey’s has a point?  Is there a likelihood of confusion?  In the case of the Kisses, You Be the Judge and post in the comments below!

101 comments

  • younghairlove

    younghairlove said 10 years ago

    Chocolate in a kiss? whaaat? like if chocolate wasn't good enough!!! yum yum!!

  • PoppysVintageGarden

    PoppysVintageGarden said 10 years ago

    Oh My! Strange How can you sue about Kisses!... Anyways Woot for Heartsizedcrush.etsy.com Love you doll!

  • aBreathofFrenchair

    aBreathofFrenchair said 10 years ago

    I like the lip stamp!!

  • younghairlove

    younghairlove said 10 years ago

    There is something about lips, isn't it? they are just perfect!! I love that kissy brooch of felt, how amazing, the kiss me illustration, the button ring and the lipstick traces, genius!! Regards to Hercheys, i don't think they have the most ultimate chocolate taste, a bit oily, english people loves it, but i'm into the toblerone, or 80% cocoa, kind of extremes, yes.

  • younghairlove

    younghairlove said 10 years ago

    You didnt just say truffles....

  • aimeesarmoire

    aimeesarmoire said 10 years ago

    Really fighting the urge to do some online shopping at the Jacques Torres shop.... really fighting urge... really... losing ... this... battle. Oh well, I'll recover nicely with some champagne-chocolate kisses!

  • PoisonedCreations

    PoisonedCreations said 10 years ago

    Very strange!! HeartSizedCrush rocks!!! I absolutely love all her designs!

  • TheBrassHussy

    TheBrassHussy said 10 years ago

    I think the judge would find in favor of the defendant. All though they are using kiss in marketing their chocolate champagne kiss candies, they are not shaped or packaged like Hersey's kisses. As a average person who loves Hersey's kisses, if I saw the defendants product, I would not think of Hersey's kisses.

  • LittleMommaErin

    LittleMommaErin said 10 years ago

    crazy! i think they should be able to use it. and great hair pins, HeartSizedCrush!!! your shop is amazing!!

  • younghairlove

    younghairlove said 10 years ago

    There is a likehood of confusion, yes. Now are people going to be suied for using the word chocolate? These two brands do not look identical, the word kiss isn't a new word, and when did these two created their product? who created the kiss, or kisses chocolate first? I say , let's stop arguing and let start eating!!!

  • SyntheticSeduction

    SyntheticSeduction said 10 years ago

    How strange... Heartsizedcrush.etsy.com is amazing by the way!! ;)

  • VintageSurplus

    VintageSurplus said 10 years ago

    Sounds similar to Spike Lee's suing of Spike TV for using "his" name in their title. The English language only has so many words...let's hope that our grandkids will still be able to use them all without being sued for copyright infringement! So sad when this happens...leaves a bad taste in the mouth despite the delicious chocolate. I'm a HUGE fan of Hershey's...but really, I think they've got the biggest piece of the market. Is it really necessary for them to sue???

  • SophiesCloset

    SophiesCloset said 10 years ago

    I asked the real experts - my kids (2,4 & 6) which were the Hershey's kisses ...no confusion there (my 6 year old told me we should order the champagne ones - "can we still have one?" as they look far more 'luscious'- her latest word - with the 'lipstick' prints on them). I guess in the name of education for my children I should purchase some of both so as we can contrast and compare?????

  • VintageEye

    VintageEye said 10 years ago

    i can't think about complex legal issues right now...i need some chocolate first!

  • Zygopsyche

    Zygopsyche said 10 years ago

    In my opinion there is absolutely no infringement, they look totally different and are obviously a different quality. I don't think companies have the right to own words that are commonly used in the english language. If the company was trying to make a knock off, then sure, Hershey would have the right to protect themselves. But in this case there is absolutely no likeness at all.

  • HibouCards

    HibouCards said 10 years ago

    I doubt people will be confused about the two VERY different brands! Great picks... there's something about red lips that is so attractive... :)

  • JudiPaintedit

    JudiPaintedit said 10 years ago

    Hershey has every right to fight this. I would!

  • JudiPaintedit

    JudiPaintedit said 10 years ago

    Its not that the look different. The argument is that Jacques Torres Chocolate’s use of the mark KISS or KISSES may cause consumer confusion with Hershey.

  • FlanneryCrane

    FlanneryCrane said 10 years ago

    I don't think Hershey's has a case. After reading your description, it seems both chocolates have their own place in the mix. I need chocolate...

  • FlanneryCrane

    FlanneryCrane said 10 years ago

    Plus I think they need to give consumer's credit for being able to see the difference between the two. Geez...

  • PsycoHatress

    PsycoHatress said 10 years ago

    heartsizedcrush ftw!

  • HazelHoney

    HazelHoney said 10 years ago

    I think the name Champagne Kiss truffles sounds nothing like hershey's kisses and they are totally different looking package wise. I'm not confused as a chocolate cosumer so let the name stand.

  • beautifulbridget

    beautifulbridget said 10 years ago

    love that kiss stamp!!

  • ficklefaerie

    ficklefaerie said 10 years ago

    I don't think Hershey should have been given a copywrite on an English language word like KISS....a Hershey Kiss is a Hershey Kiss...its not a square piece of chocolate with kissie lips on it. That law suit is a big waste of money when times are so tough.

  • WhiteFlagDesigns

    WhiteFlagDesigns said 10 years ago

    Hershey's has been making Hershey's Kisses for HOW LONG? That other guy should have known better and never should have used that word in the name of his (I'm sure) delicious chocolate product. Seriously. They look wonderful, but "kiss", when applied to chocolate, has belonged to the Hershey company for as long as I've been alive. Dude could have come up with something a little less trademark-infringey. On the other hand, I highly doubt that dude's high-end chocolate sales are going to detract from Hershey's sales one bit, so I dunno. I do know, however, that were the shoe on the other foot, and Hershey's had used the term "kiss" for their candies years after Mr. Torres had established his product, the guy would be pitching a fit and suing Hershey's for as much money as he could get.

  • breadandroses2

    breadandroses2 said 10 years ago

    Hershey must consider their customers to be rather thick if they think buyers would be confused by these two absolutely distinct products. Allegation without merit, i.e. ridiculous. Hasn't Hershey's been experiencing revenue problems recently? Maybe a money grab on Hershey's part. Time to support small scale, handcrafted chocolate amkes here in Etsy instead of the big players.

  • breadandroses2

    breadandroses2 said 10 years ago

    Oops! That should have read 'chocolate makers' above.

  • suzshan

    suzshan said 10 years ago

    I agree with breadandroses2. Just like a mega-corporation to try and crush the small guy (I guess since they bought out Scharfenberger(sp) they want to continue their take over of the high end chocolate arena). Definitely time to support more smaller scale, handcrafted chocolate makers. It is worth it.

  • Absidy

    Absidy said 10 years ago

    I'd know my girl's lips anywhere :) I love you Karlakins of heartsizedcrush!

  • SweetwaterGifts

    SweetwaterGifts said 10 years ago

    I agree with WhiteFlagDesigns, but then again I don't. We are talking about the copywrite of a common English word to Hershey's benefit. It isn't a phrase or slogan they came up with. What if Kleenex had trademarked the word "tissue" along with it's brand name? I'd think it's a safe bet that they could have since before this Kleenex's popularity a cloth hanky was commonly used. Outside of the word itself - there is no similarity in the products' shape (which I agree would be a major issue), ingredient make-up, packaging, etc. I hardly think anyone could confuse a mass-produced and mass-marketed chocolate for a handcrafted specialty chocolate!

  • SteppingStones

    SteppingStones said 10 years ago

    Huh... normally I would side with the... what suitee.. suitor??? But this one is thin..... Gimme a break.... It's just a kiss baby!! They don't look alike, aren't packaged alike.... I'm gonna be a Swiss chocolate here and say I'd still eat both!!!

  • JewelryHoldersForYou

    JewelryHoldersForYou said 10 years ago

    champagne-chocolate kisses? Oh my! oh my! oh my! How wonderful! Must have some! I see this as Hersheys insecurities of a rival chocolate company taking some of their business from them. Nothing to do with words. That just would not stand up in court.

  • elisasherejewelry

    elisasherejewelry said 10 years ago

    From a branding perspective, it wasn't the smartest move by Jacques Torres to use the word "kiss" on his chocolate product. Everyone associates the word kiss with Hershey's Chocolate Kisses. Because of that association, Jacques will most likely lose this battle. Although the product doesn't resemble a Hershey's Kiss, it uses the name, it is a bite sized chocolate product. Too close. Also, Hershey's probably has a lot of legal power, which is a something to consider. With that said - his chocolate sounds amazing.

  • BluCille

    BluCille said 10 years ago

    Wow. Reminds me of that Rolling Stones shirt that I can't stand. My sister in law actually wore that shirt when we went to Hershey park!

  • sseloske

    sseloske said 10 years ago

    Apples to oranges.

  • awkwardbull

    awkwardbull said 10 years ago

    My kneejerk reaction is to side with the underdog and against the large corporation; however, I think Hershey's does have a point. Their product is synonymous with the word "kisses," and they have gone to the trouble and expense of trademarking the word. I will say, though, that most consumers who really know chocolate and are willing to pay for a high-end product are going to know the difference. Someone who doesn't is going to be like, "What?! These are way more than Kisses. Where's the nearest Walgreen's?" I don't think Hershey's should lose much business or sleep over this one.

  • BluCille

    BluCille said 10 years ago

    About the trademark issue: I don't think Hershey should be so conceited as to think that they own kiss prints! Like I mentioned in my earlier post, it reminds me of the Rolling Stones so why don't they sue Hershey and Chef Torres (oh please). On the other hand I think Jacques Torres could use this as an opportunity to find a more tasteful and attractive way to decorate and market his truffles.

  • Karmacrochet

    Karmacrochet said 10 years ago

    I think Hershey's should pack their bags and go home. The only think similar is both products have chocolate. As far as the kiss part, that is a common word. I cannot see how a consumer can get confused. (the whole thing sound like Hershey's BS to me) :-)

  • TheCottageCheese

    TheCottageCheese said 10 years ago

    It's sad that Hershey has created so much drama in the chocolate community. But I'm not offended enough to stop eating the classic Kisses ;)

  • 1AEON

    1AEON said 10 years ago

    :)

  • CutieDynamite

    CutieDynamite said 10 years ago

    Great picks! I think I need to try this champagne chocolate kiss!

  • LisaFerinDesigns

    LisaFerinDesigns said 10 years ago

    Confusion?!? I think not. The world's big enough for lots of kisses! I love Jacques Torres! And what wonderful Etsy picks too!

  • mythunderstood

    mythunderstood said 10 years ago

    Striking!

  • dcoyote

    dcoyote said 10 years ago

    I hope Hershey's doesn't win. They already rule the chocolate industy.

  • thestapeliacompany

    thestapeliacompany said 10 years ago

    This whole issue is proposterous. We all know Hershey's kisses aren't high end and people love them anyway and the champagne chocolates are also wonderful. These two chocolate makers need to "kiss" and make up. ;)

  • thestapeliacompany

    thestapeliacompany said 10 years ago

    proposterous = preposterous. The chocolate got me all worked up! :)

  • IceCreamCandy

    IceCreamCandy said 10 years ago

    xoxo:)

  • paperelle

    paperelle said 10 years ago

    I work right by Jacque Torres location in the lower west side of Manhattan. I've eaten Hershey kisses. They are not equal, and I was never confused!

  • peacefu1

    peacefu1 said 10 years ago

    I didn't know about Jacque Torres Chocolate’s, but because Hersheys opened their mouth I o now... gonna go try some and I think that will probably be one less Hershey's kiss I will buy or maybe more! ha

  • Vanessa Admin

    Vanessa said 10 years ago

    Now I want chocolate. Sarah, can I come by your desk? You're the one with the stash!

  • SarahSays Admin

    SarahSays said 10 years ago

    Great discussion. I see that we have Judges on each side of this case. Yeah, I love chocolate. Let's go eat some :)

  • MyJunkyTrunk

    MyJunkyTrunk said 10 years ago

    Ooh! Those bobby pins are too cute!

  • copperlilly

    copperlilly said 10 years ago

    I've enjoyed many a Jacques Torres chocolate myself when I was living in NYC, and trust me there is no confusion! I actually turned down a job because it was across the street from Jacques' Manhattan location, I knew I'd be eating them all the time. Sarah, if you haven't already, you must try the chocolate chip cookies. Best ever.

  • recycledwares

    recycledwares said 10 years ago

    to trademark a word like Kiss or Kisses seems so silly to me, especially when it is a word in the dictionary that people use on a daily basis. now if they created a word, that would be a different story. i think the name as a whole could be trademarked "hershey's chocolate kiss", but not just the word kiss.

  • pandawithcookie

    pandawithcookie said 10 years ago

    I am intrigued by the person who would mistake Hershey's chocolate for Jacques Torres chocolate.

  • younghairlove

    younghairlove said 10 years ago

    O, I don't know, give me some chocolate and I will think better!! My opinion: Did Jacques tried his own chocolate and compared it to a kiss and went for it? or did he know about hersheys success and erm, went for it? If Jacques would have gone with 'Hersheys- kiss' as a name then I would totally understand the lawsuit, but he didnt. Now, couldnt he have simply chosen an other name knowing he could get suied or was he genuine and lost in his chocolate? Also, what is this about? kisses copyrighted? how about 'and' 'The', 'Be', 'chocolate' words will they be copyrighted next? C' mon!! what a crazy lawsuit!!

  • younghairlove

    younghairlove said 10 years ago

    Hersheys need a piece of Jacques chocolate so they can calm down.

  • dragonhouseofyuen

    dragonhouseofyuen said 10 years ago

    No confusion - .... I think the lawyers are being paid a tad too much .....

  • lilworkerb

    lilworkerb said 10 years ago

    mmmmmmmmmmmmmmmmmmmmmmmmmm CHOCOLATE!

  • flapperdoodle

    flapperdoodle said 10 years ago

    I think Hershey's is being greedy and overly protective of their copyright! By the way, I have a painting in my other etsy shop that easily could be the poster child for this discussion! THE KISS - a take-off on Klimt & Hersheys! http://www.etsy.com/view_listing.php?listing_id=22068235

  • DownToTheWireDesigns

    DownToTheWireDesigns said 10 years ago

    I think the products are different that the smaller company could win, but I never would have named a chocolate product a "kiss". Right or wrong, Hershey's has the resources to make this a long drawn out court case. Whether or not it ultimately wins, the little guy is going to get bled.

  • lovelygifts

    lovelygifts said 10 years ago

    I think they are different enough to be able to use it. Enough said, I need a chocolate fix!

  • OliveAndOud

    OliveAndOud said 10 years ago

    I agree with DownToTheWireDesigns--Jacques Torres should be able to use the word kiss so long as it's packaged differently, but will probably ultimately lose because he'll run out of the money he needs to defend himself. But I think I need to sample some champagne kisses just to be sure they're very different. :)

  • jodieflowers

    jodieflowers said 10 years ago

    I have a few kisses in my "Ceramic Fun" Section in my shop! Stop by and check them out! xxxooooxxxx

  • mummumscrafts

    mummumscrafts said 10 years ago

    I think Jacques should be able to use the word kiss for his chocolates. Unfortunately Hershey will probably win, as others have mentioned, by causing the little guy to go out of business trying to defend himself. It stinks and is so unfortunate. All the big boys don't want the little guys to take away their customers, so they cause a big stink and the little guy gets sunk :(

  • shiphrah99

    shiphrah99 said 10 years ago

    Aw come on: how stupid does someone have to be to confuse the two products? This reminds me of Ernest Gallo suing his own brother (!) when Joe started making and marketing "Joseph Gallo Cheese." People would confuse cheese with wine??? I could accept either case if the little guys' products were lousy and that somehow reflected badly on the big guys. But this is rediculous!

  • chARiTyelise

    chARiTyelise said 10 years ago

    i love both products myself.... a long time fan of Jacques Torres and super lover of the hershey's kiss... and i think that the differences are clear enough to keep anyone from being confused.

  • bittersweetdesign

    bittersweetdesign said 10 years ago

    1907 is a long time ago - I believe when Hersheys trademarked 'kisses' - they also trademarked the word 'hugs' - knowing someday they would create a product to fit - which indeed they have. I believe Hersheys has a right to the word - they did lay claim to it over 100 years ago, after all. It is really a matter of respecting the law. Jacques should have done his homework - and now instead of fighting Hersheys, he should save himself some money and change the name to 'Champagne Smooches'. Will there ever be confusion between the two? I doubt it. They are obviously two different types of products.

  • MyGrandmasAttic

    MyGrandmasAttic said 10 years ago

    I think it is such a stretch. Im sure! The chocolates look nothing like the Hershey's and have totally different shapes and packaging. Ridiculous.

  • oyster

    oyster said 10 years ago

    Hahaha...great self-promotion for Hershey's! Of course they'd choose to be in a tussle w/ Jacques Torres, and not the blue-collared Delta Sonic Carwash w/ the term 'kiss' and the lipstick trace all over their marketing stuff. Champagne truffles - lots of high-end chocolatiers offer them, though very very few live up to the implied fantasy of the name. At $1.50 each - these are on the affordable end. Hmmm...time to order a box...

  • whimsicals

    whimsicals said 10 years ago

    If anyone is confused at this point they've had too much beer!.....More kissing - - less suing.

  • sleepypillow

    sleepypillow said 10 years ago

    Hershey's are the best 'Kisses' chocolate!

  • eclipse

    eclipse said 10 years ago

    I don't think there would be any confusion by the consumer, since the shape of a Hershey's Kiss is as iconic as the name (or even more so). Plus, Jacques Torres is not using "Kiss" as the main noun in his product name. His chocolates are not called "Kisses", they are Truffles, and the FLAVOR is called "Champagne Kiss". I am sure they make many other flavors of truffles too. This is just one of many products he makes. On the other hand, Hershey's Kisses are so well known it was pretty dumb for Torres to choose that name, there are many other names he could have called them, and still kept the lip print design. I don't think the name "Kiss" is that integral to his product, it's basically a Champagne Truffle, and he could call it that. If he is forced to change the name I don't think it will hurt his product or his sales to call them something else. He actually seems to be using this lawsuit to gain more press and free advertising. (even this very Storque article will probably result in a few sales for him, judging by the comments.) He's got some youtube videos that seem to be capitalizing on the press from the suit. That leaves a bad impression with me, almost like he knew there would be legal issues by using the name Kiss, and is using the famous Hershey name to gain a little more notoriety for his own business.

  • evihan

    evihan said 10 years ago

    wowww...great fun:-)

  • thebestvintage

    thebestvintage said 10 years ago

    I say Hershey's are the best too! Does Godiva make kisses???

  • taxikab87

    taxikab87 said 10 years ago

    I think Hershey doesn't really have something to complain about. As someone already said, they're not called "Kisses", its the flavor name. Hershey just needs to chill out a bit.

  • babook

    babook said 10 years ago

    I love the all kiss lip those are showing the some enthusiastic and sexy ... http://www.babook.etsy.com

  • BelleMereBelleFille

    BelleMereBelleFille said 10 years ago

    First of all, I don't consider Hershey's chocolate chocolate at all. And second, 'Champagne Kiss' is a world away from 'Hershey's Kisses' and I'm sure that Jacque Torres makes sure there's cacao content in his product.

  • kidacollective

    kidacollective said 10 years ago

    I'm with BelleMereBelleFille on this one. If I want a chocolate kiss, it has to be a Baci. ;)

  • BayMoonDesign

    BayMoonDesign said 10 years ago

    I love Hershey chocolate kisses. These picks are delicious too!

  • MelroseFields

    MelroseFields said 10 years ago

    I think elisasherejewelry stated it very well. If you have ever been involved in marketing and developing a brand, no matter how long ago that was and how much money you have or the market share you own, you have the right to protect it. It is not always about look or exact title that can be grounds for infringement. It may seem frivolous, but there are many legitimate business reasons why a large company would go after a small company outside of being a "bully". Jacques lawyers and own research should have told him to stay away from the use of kiss or maybe he just choose to take the risk for his own media exposure....

  • SmallEarthVintage

    SmallEarthVintage said 10 years ago

    Jacques Torres for the win just because he rules over Hershey's, taste-wise. I love his dark chocolate cornflake clusters!

  • SundraSandrusi

    SundraSandrusi said 10 years ago

    Great discussion!!!!

  • ChelseaVanTol

    ChelseaVanTol said 10 years ago

    love all of these lippy items

  • oldfashionallies

    oldfashionallies said 10 years ago

    Oh, it's so annoying how hyper-sensitive corporations get about stuff like these. Like people are really sitting there contemplating which chocolate their going to choose. When one is out to buy Hersey's Kisses, the only competition would be M&M's. (Which, what about Hershey Kissables? Total M&M knock off) When one is out to buy Jacque Torres truffles, they are not even considering Hershey's Kisses.

  • Signs

    Signs said 10 years ago

    Who doesn't automatically associate the word kiss or kisses with Hershey when it is describing chocolate. The word kiss would not be an issue at all if it was used with something besides chocolate. I don't think Hershey is wrong for defending the word kiss or kisses when it comes to describing chocolate. Its a mark they have on chocolate. Now in Jacque Torres I think if the chocolate did not have the lip design on it he would lose without question because he is using a word that Hershey has spent lots of money on as a term to describe their chocolate product. If you look at his website it says with "kiss" design which technically has nothing to do w/ the chocolate. The word kiss is describing the design not the chocolate. The only gray area is that he is advertising it on his box as a "Champagne Kiss" and not a "Champagne Truffle with Kiss Design." If I search "chocolate kiss" on the net expecting to find a hershey product and find his instead, this is the only confusion I could see possible.

  • RagnazIdnar

    RagnazIdnar said 10 years ago

    Interesting lawsuit. What confuses me is that around Valentines Day there are TONS of chocolates sold in stores that are shaped like lips and have many variations of the name "chocolate kiss" for them. Why go after a unique brand like Jacque Torres when they are clearly different than Hershey kisses? I doubt that many would confuse a flat shaped chocolate called a *champagne* kiss with a dollop-shaped chocolate called a Hershey Kiss. Odd. I doubt this kind of lawsuit is very uncommon though.

  • MouseTrapVintage

    MouseTrapVintage said 10 years ago

    Jacque Torres is AWESOME! This lawsuit is totally bogus! Boo Hersheys!

  • EJPcreations

    EJPcreations said 10 years ago

    This is all very interesting! Can't wait to see what happens!

  • KreativeKrafter

    KreativeKrafter said 10 years ago

    I love the "kiss me" picture...Now if I could just get my own lips to look that great I'd be in 7th heaven! :)

  • brownbelly

    brownbelly said 10 years ago

    this makes me wanna eat chocolate now!

  • monkeyandsquirrel

    monkeyandsquirrel said 10 years ago

    cute! i dream of the day they make a vegan hershey kiss... wishful thinking!

  • misscrazy

    misscrazy said 10 years ago

    idk

  • forgetmeknottreasure

    forgetmeknottreasure said 10 years ago

    I can't believe Hershey can be so petty but then again they haven't been a small business in over a 100 years. Besides the word kiss is a word has been around longer then when hershey trademarked it in the early 1900's for what maybe $20 bucks back then. Of course back then the world was very different then it is now. It was a whole lot smaller. I'm sitting here dreaming of chocolate!!!!

  • Tina669

    Tina669 said 10 years ago

    wowww...great fun:-)

  • hardscrabbleyakfarm

    hardscrabbleyakfarm said 9 years ago

    I agree with "eclipse" 06/13/09. When I saw the title "Champagne Kiss Truffles", I thought "kiss" was being used in the sense of "with a kiss of champagne", such as there is a hint of champagne in the flavor of these truffles. This makes "kiss" a verb, not a noun like in the sense of Hersey's Kisses. Torres could have called them "Champagne Kissed Truffles", does Hershey's have a copy-right on the past tense form of "kiss"? This discussion was posted almost a year ago, what happened with this? Who actually won?

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