A blow to the global Lab and Jerry's: The federal court in New York rejected the ice cream maker's request to issue an injunction against the deal between the brand's parent company, Unilever, and its Israeli franchisee, Avi Singer.
The deal between Unilever and Singer will transfer to it the ownership of the brand in the territories of Israel, and will allow it to sell Ben & Jerry's ice cream products also in the territories of Judea and Samaria under minor restrictions, such as avoiding the use of the name "Ben & Jerry's" in the English language.
Yossi Dagan with the Israeli Ben & Jerry's owner Avi Singer, photo: Roi Hadi
Ben & Jerry's filed a lawsuit against Unilever, claiming that the deal with Singer violated the terms of Unilever's 2000 takeover deal, which allowed the ice cream maker to have an independent board of directors that enjoyed mostly autonomy on social issues.
The company's lawyer even claimed in the hearing that "instead of 'Peace Pops' (one of the company's products) Singer may produce 'tank ice cream'".
Unilever claimed in response that the deal with Singer had already been closed and that it was irreversible.
She also claimed that the new owner from Israel can use the "Ben & Jerry's" trademark only in Hebrew and Arabic and not in English, in order to prevent customers from confusing his products with those of the original company.
A proud Zionist.
Avi Singer, CEO of Ben & Jerry's in Israel, photo: Eric Sultan
The judge, Andrew Carter, ruled that the possibility of consumer confusion is slight, and that the products to be sold in Israel and Judea and Samaria will be dissimilar to other Ben & Jerry's products to a degree that will weaken, if not completely eliminate, the possibility of damage to the original company's reputation.
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