Trademark or Trade Dress?

Hershey has provided us with an easy example that you can use if you want to explain the difference between trademark and trade dress (original story in Confectionery News here).

Hershey is suing LBB Imports in US District Court in Pennsylvania for trademark and trade dress infringement.  

The trademark claims include a charge that LBB is importing KitKat bars into the U.S..  Hershey uses the KitKat mark in the U.S. under license from Nestle, who produces KitKats in Europe.  LBB is accused of importing European KitKats into the U.S.; in the picture below, the Hershey KitKat is on the left.

Hershey is also accusing LBB of infringing its trade dress for Reese's Peanut Butter Cups with RBB's Toffee Crisp candy bars.

You can see the elements of trade dress here:  the yellow lettering with the brown outline on the orange wrapper.  

OK, now I'm hungry again.