The Hershey Co. lodged an opposition against Juice Generation, Inc. (w Manhattan chain of juice bars) over its application to register its “Joyful Almond” smoothie, made the tree primary flavors (almond, chocolate and coconut) in its iconic “Almond Joy” brand of chocolate bar. The issue for the Trademark Appeal Board will be whether consumers will be confused into thinking the smoothie had some association with, contained or was endorsed by Hershey. I suspect Hershey will be successful because at some level, there is an association with the Hershey brand insofar as people know chocolate, almond and coconut are involved.
The opposition number is 91226642.