Ben & Jerry's takes issue with traveling ice cream business
October 31, 2005
by Josh Sosland
SACRAMENTO, CALIF. — A mom-and-pop ice cream business has changed its name after it was sued for trademark infringement by Ben & Jerry’s Homemade Holdings Inc.
A booth operated by Ben and Joy Pickett at the California State Fair in Sacramento attracted the ire of Ben & Jerry’s corporate trademark lawyers, according to the Sacramento Business Journal. The booth was selling soft-serve ice cream under the name Ben & Joy’s with signs that allegedly mimicked Ben & Jerry’s logo.
A letter from Greg Gulia, a New York-based intellectual property attorney for Ben & Jerry’s, asking the Picketts to stop imitating the Vermont-based company’s name and logo went unanswered. Mr. Gulia’s firm, Duane Morris L.L.P. then filed a lawsuit in federal court in Sacramento in September.
According to the Journal, the Picketts, who travel to fairs in California and other states to sell soft-serve ice cream, have renamed their booth Joy & Ben’s and have changed their logo and signs.