 In 1958 , the creamery registered for and was granted the " Hershey 's " trademark for use with ice cream and butter products . Seven years later , the company filed suit in United States District Court for the Southern District of New York against Hershey Company and Consolidated Foods Corporation after learning the companies were planning to partner to make a line of Hershey 's branded ice cream bars . Hershey Creamery alleged " trademark infringement , unfair competition , false designation of origin , false descriptions , and false representations " , to which Hershey Chocolate responded with a counterclaim questioning the validity of the trademark , claiming it was fraudulently obtained . The companies settled out of court the following year , with the creamery agreeing to drop " butter " from its trademark and fix a filing error with it , and allowing Hershey Company to release the licensed bars within certain guidelines . Hershey Company also agreed not to challenge the creamery 's " Hershey 's " trademark for use on ice cream again . 
