Is Hershey's Ice Cream Made By The Same Company As Hershey's Chocolate?

Brand loyalty is something a lot of companies count on, and things can get muddy when two organizations have similar names. The United States Patent and Trademark Office has clear information about the "likelihood of confusion" and how to avoid it. For example, you might see Hershey's Ice Cream in a store and think it was made by the company producing Hershey chocolate. The companies share a name and make products in the same wheelhouse, after all. However, they are not the same.

You may have heard that a surprising number of snack brands trace their origins to Pennsylvania. Hershey's Ice Cream was established in 1894 in Lancaster, Pennsylvania, with Jacob Hershey and his four brothers. The Hershey Chocolate Company, founded by Milton Hershey, also started in 1894 in Lancaster, Pennsylvania.  

Despite having the same name, starting in the same town, and becoming established during the same year, the businesses were separate. Hershey's Ice Cream even says on its website that the families are unrelated, though court filings claim the two families were linked.href="https://www.neochart.com/catalog/cases/f2d/volume_945/1272_01/index.html">The filings read, "The Hershey brothers were relatives of the founder of Hershey Foods."

Hershey's Ice Cream focuses exclusively on ice cream and frozen treats. The company's website notes that it "has been devoted to serving products to independently owned stores, with the exception of some smaller chains." Hershey's Ice Cream adds, "We will continue to support the independents and small businesses of America, with the provision of exclusive products that cannot be found in 'Big Box' stores." The ice cream brand offers an expansive lineup that includes frozen banana pudding on a stick, milkshakes, and more. 

In comparison, the Hershey Chocolate Company produces chocolate and confections. It's most famous for the Hershey Bar, but also has a staggering number of brands such as Reese's Peanut Butter Cups, Twizzlers, Jolly Rancher, and Kit Kat.

To make things slightly more confusing, Hershey's Chocolate licenses its brands for use on ice cream. Have you ever seen the Hershey label on products like Breyers Campfire Collection S'mores? Perhaps you noticed Good Humor's Reese's Peanut Butter frozen dessert bar. Unilever, which actively collaborates with Hershey's Chocolate, owns Breyers and Good Humor. You're more likely to find Hershey's Chocolate-Unilever products in big box retailers than Hershey's Ice Cream.

While these frozen-treat brands generally occupy separate spaces, their shared name has prompted plenty of legal drama. In 1966, Hershey's Ice Cream sued Hershey's Chocolate for selling Hershey's-branded chocolate ice cream bars. According to the filing, Hershey's Ice Cream had owned the trademark for the name Hershey's on ice cream since 1958. That case was settled out of court, but another suit was filed in 1990, this time by Hershey's Chocolate.

In 1990, Hershey's Chocolate filed suit when Hershey's Ice Cream began using the name for frozen yogurt, which is technically a non-ice cream product. The 1958 trademark associated with Hershey's Ice Cream was limited to ice cream and butter products. Hershey's Chocolate felt the frozen yogurt would cause consumer confusion. The lawsuit resulted in Hershey's Ice Cream using a label clarifying that it's not associated with Hershey's Chocolate.

Needless to say, the confusion between the two companies has existed for over 100 years, and both are well aware of it. The brands generally don't cross over too explicitly into one another's territory, allowing both to continue operating in relative peace.