> how could they stop a shop from selling imported, British chocolates? > That would be like Burger King or McDs shutting down every restaurant > that makes fresh burgers using quality beef.
r54, it's because of the printing on the wrappers and the brand name embossed into the chocolate.
Legally, in the US, a "Cadbury's Milk Chocolate bar" from the UK is neither "milk chocolate" nor "Cadbury's". "Milk chocolate" has a very specific legal definition that it doesn't meet, and it's neither identical nor authorized by the owner of the "Cadbury's" brand name in the US.
If an importer paid UK Cadbury's to manufacture chocolate bars branded differently (say, "UKadbury's"), and labeled them with something like "chocolaty candy with the flavor of UK Cadbury's Milk Chocolate" and prominent legal disclaimers that it was neither manufactured nor authorized by Hershey, owner of the Cadbury's trademark in the US, they'd be fine.
They *might* be OK if they marked the UK labels in a way that invalidated them (say, a black "X" on all sides, covered by adhesive labels suitable for the US)... but Hershey would still bitch if "Cadbury" were embossed into the bar itself.
Part of the problem is that US trademarks are legally "fragile" and MUST be "vigorously" defended to avoid losing them to "dilution". So, even IF Hershey doesn't care, it has to sue anyway because if they didn't, someone ELSE could cite Hershey's indifference in THIS case to attempt invalidation on the "Cadbury" trademark. It's the same reason why Nintendo has to be assholes about stamping out fan sites in the US. If they didn't, and allowed them to exist without action, others could use that inaction against them.
In theory, they could license the trademark's use... but that causes a new set of legal problems. Suppose an American suffered some real or perceived harm, and convinced a jury that it was 99.99997% the fault of "Joe Klein Importing company", 0.00002% the fault of "Brooklyn Bodegas, Inc", and 0.00001% the fault of Hershey (for knowingly licensing their trademark) & got awarded $20 million for some insane reason. Joe Klein is one person working out of his garage, and wiping him out leaves $19.94 million unpaid. Brooklyn Bodegas is owned by a family with three stores and few durable assets, and wiping THEM out leaves $16 million unpaid. Under the tenet of "Joint & Several Liability", Hershey gets stuck with the remainder, even though it was only found to be 0.00001% at fault.
^-- THIS is why we can't have nice things in the US.