talking about hershey s kisses and their iconic shape. we will call it food court. they are facing a lawsuit from the cookie department arguing what hershey calls its conical configuration is a universal symbol on hershey s claims the use of a similar shape does not constitute copyright infringement. ethan bearman. criminal defense attorney david bruno. welcome back. he hershey s kiss versus a chocolate chip. are they the same? exhibit a from the complaint. hershey seeks to prevent the cookie department from contending to offer its goods using a stylized chocolate chip teardrop imagery which they have used since 2009 and hershey s belatedly 11 years after the fact claims is infringing