126 Chocolate Fortunes
After only two seasons in China, copy Kisses were popping
up in the Shanghai market. Porter was shocked not only at
the speed with which Hershey’s Kisses were copied but also
at the delight of his staff that the product was being copied at
all. Naturally, given China’s lack of historical development of
intellectual property rights, they saw it as a sign of Hershey’s
success in Shanghai and just another feature of the country’s
emerging capitalist economy. Like Ferrero, Hershey didn’t see
it that way. Having wisely trademarked the Kisses’ two-
dimensional shape (its silhouette profile), it had the legal
basis to vigorously enforce trademark rights against any prod-
uct that resembled a Hershey’s Kiss. Therefore, unlike Ferrero
Rocher, ...