 Hershey Creamery has been involved in multiple legal disputes with the similarly named Hershey Company , founded around the same time in Lancaster by Milton S. Hershey — no relation to the founding Hershey brothers . The first troubles came after the Hershey Creamery began producing chocolate candy and cocoa . Milton S. Hershey learned of the candies in 1919 , and assigned Charles Ziegler to " find instances of confusion and infringement and of unfair competition " . Ziegler found that in addition to making similar products , the packaging used on the chocolates resembled that used by Hershey Company — then called Hershey Chocolate . Investigating complaints from retailers in Boston , New York , Binghamton , Norfolk , and Richmond , Ziegler reportedly found that retailers were confusing the two products , and sometimes deliberately replacing the higher priced Hershey Company products with the Hershey Creamery products . In Harrisburg , Ziegler found a display of Hershey Creamery " Hershey Kisses " , which were bite @-@ sized chocolate drops similar to the chocolate company 's creations . After cease and desist letters failed to resolve the problem , Milton Hershey filed suit in 1921 in the United States District Court for the Middle District of Pennsylvania for trademark infringement . In 1926 , a district judged partially sided with Hershey Chocolate and prohibited the creamery from using the name Hershey 's in connection with " manufacture , advertisement , distribution , or sale of , among other things , chocolate , cocoa , chocolate confections , and chocolate or cocoa products " . 
