Hershey Can't Dodge IPhone App Copyright Claims

Law360, New York (January 7, 2011, 3:01 PM EST) -- A federal judge has shot down The Hershey Co.'s bid to nix a suit alleging the candy maker's iPhone application that simulates the drinking of chocolate milk infringes Hottrix LLC's copyright for a similar application.

Judge John E. Jones III of the U.S. District Court for the Middle District Of Pennsylvania on Thursday denied Hershey's motion to dismiss Hottrix's counterclaims against the confectioner's lawsuit seeking a declaration that the application does not infringe Hottrix's intellectual property.

The judge ruled that application developer Hottrix sufficiently stated its...
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