This TM suit smells really, really good

First off, I want to apologize to my loyal readers for the slow-down in blogging this month. (Sorry, Mom.) Spring fever? Extra busy at the reference desk? We'll never know what drives our blogging whims here at the SFPL Patent and Trademark Center.

In the meantime, chew on this TM infringement allegation via the SlashFood blog. It seems that Hershey's objects to a Williams-Sonoma brownie pan that makes a pan of brownies in the shape of, well, a Hershey's bar. Follow the link for a picture of the pan, then look below this post to see the text of the Hershey's 1968 TM registration.

A tip o' th' pin to colleagues at Minneapolis PL and University of Maryland Libraries for, respectively, finding the article and digging up the registration.

Goods and Services
IC 030. US 046. G & S: Candy; Chocolate. FIRST USE: 19681231. FIRST USE IN COMMERCE: 19681231
Mark Drawing Code (2) DESIGN ONLY
Design Search Code 26.11.02 - Plain single line rectangles; Rectangles (single line)
26.11.20 - Rectangles inside one another
Serial Number 77809223
Filing Date August 20, 2009
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Hershey Chocolate & Confectionery Corporation CORPORATION DELAWARE 4860 Robb Street, Suite 204 Wheat Ridge COLORADO 80033
Prior Registrations 3668662
Description of Mark Color is not claimed as a feature of the mark. The mark consists of twelve (12) equally-sized recessed rectangular panels arranged in a four panel by three panel format with each panel having its own raised border within a large rectangle.
Type of Mark TRADEMARK
Register PRINCIPAL-2(F)
Live/Dead Indicator LIVE