Hershey Fires Preemptive Strike Over IPhone Milk App

Law360, New York (June 4, 2010, 2:00 PM EDT) -- The Hershey Co. is seeking a declaratory judgment that its Hershey’s Chocolate Milk iPhone application does not infringe a rival’s copyright on the app iMilk, which allows users to virtually drink a glass of milk on the popular Apple Inc. smartphone.

Hershey filed its complaint Wednesday in the U.S. District Court for the Middle District of Pennsylvania, arguing that iMilk creator Hottrix LLC cannot claim to own “the unprotectable idea of a virtual ‘glass’ of milk.”

Hottrix has allegedly asserted that a Hershey app that allows...
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