 Shortly after this , Hershey Creamery expanded its trademark to include other ice cream products : " ice cream , ice milk , sherbet , water ice , and frozen confections in which ice cream , ice milk , sherbet or water ice is a component " . In 1989 , the creamery expanded its products to include frozen yogurt and filed for a new trademark for this new line of products . Upon learning of the registration request , the Hershey Company — then named Hershey Foods — demanded the company cease production of the products claiming it violated Hershey Company 's trademarks . The creamery dropped its application , but continued releasing the products , so in May 1990 , Hershey Company filed suit in the Middle District court of Pennsylvania seeking a legal injunction to stop Hershey Creamery from producing and marketing its Hershey 's branded frozen yogurt , as well as to attempt to stop the company from using the " Hershey 's " trademark outside of its " traditional thirteen @-@ state trading area " and to demand that the company include a disclaimer disavowing its relation to Hershey Company on all of its products . Hershey Creamery counter sued in the New York South District court , concerned that Hershey Company demands reneged on the 1967 settlement , and requested the Pennsylvania court actions be transferred to the New York court as that was where the settlement was originally handled . The request was denied and the court instead blocked the Hershey Creamery 's suit in New York . The Creamery appealed but this was denied . 
