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What sets Ben & Jerry’s apart are not just their flavors but also their distinctive trademarks

In continuation of our Fall road trip, we found ourselves at the Ben & Jerry’s “headquarters” in Vermont. The experience was even more special because my husband was about to reunite with his long-lost love, Chunky Monkey. You see, this flavor has taken a hiatus in Canada, leaving my husband in a state of semi-permanent ice cream sadness. Our trip to the land of Ben & Jerry’s was like a dream come true, full of “Chunky” goodness and swirling delights. As we savored the flavors, we also uncovered the legally sweet secrets behind the brand. We also couldn’t resist paying a visit to the Flavor Graveyard, an eccentric resting place for dearly departed ice cream creations.

The Ben & Jerry’s story begins with two friends, Ben Cohen and Jerry Greenfield, and their dream to make the world’s best ice cream. Their journey commenced in 1978 with a meager investment of $12,000. It’s a tale of two buddies and their undying passion for frozen treats. Imagine their early days in a renovated gas station, whipping up peculiar, mouthwatering concoctions, and voila! A flavor empire was born.

Flavor Graveyard, an eccentric resting place for dearly departed ice cream creations.

What sets Ben & Jerry’s apart are not just their flavors but also their distinctive trademarks. These aren’t mere names and logos; they’re the heart and soul of their brand. Take the flavor names, for instance. “Chunky Monkey,” “Phish Food,” “Marshmallow Sky,” and “Cherry Garcia” are more than just words; they’re promises of sweet, creamy adventures that have been carefully concocted and legally protected.

And then there’s that unforgettable black and white cow-spotted logo, fondly known as “Cowmooflage.” It’s not just a design; it’s your guarantee that inside the pint, you’ll find a scoop of pure joy and unmistakable deliciousness. The ice cream container itself is a piece of art. Each one is a promise of delightful memories and sweet escapes.

In the whimsical world of Ben & Jerry’s, there’s more than just delicious ice cream – they’ve harnessed their brand for a cause that’s as sweet as their scoops. Trademarks and branding aren’t just a playful façade; they’re instruments for change, like a cone that doubles as a magic wand. From slogans like “Peace, Love, and Ice Cream” to “Caring Dairy,” they’re not merely catchy phrases; they’re a commitment to making the world a better place, one scoop at a time. So, while our family savored the delightful flavors and uncovered the legally sweet secrets at the heart of this ice cream empire, it became crystal clear that Ben & Jerry’s isn’t just about the ice cream. They are on a mission to make the world a better, more delicious place, and each swirl and scoop is a little act of magic that’s part of that grand flavor revolution. And even as we paid our respects in the Flavor Graveyard, giggling at epitaphs and chuckling at the clever names, it was evident that Ben & Jerry’s is a brand that makes you smile – with every bite, and with every promise to do good. It’s not just an ice cream adventure; it’s a journey to a sweeter, kinder world, one scoop at a time.

Beyond crafting flavors that will make your taste buds do a happy dance, Ben & Jerry’s has delved deep into the arcane art of ice cream creation and, believe it or not, they’ve put a patent on their tricks. First up, the ‘Mixing and Churning Magic’—yes, there’s actual magic involved, or so their patents suggest. They’ve got secret formulas to ensure that every scoop is as creamy as the first, like a sweet wizard’s spell. Then there’s the ‘Chunky Goodness and Swirl Symphony’ – a patent-worthy ballet of chunks and swirls that surprise your palate with each bite, as if their ice cream is secretly coached by a flavor ninja.

Even the pint containers? Yup, those aren’t your ordinary tubs; they are engineered to perfection, patented designs that keep your ice cream fresh and fabulous, almost like a mini-ice cream time capsule. And if that’s not enough, they’ve taken the extra step with ‘Eco-Friendly Scoops,’ because being kind to your taste buds just isn’t enough – they’re kind to the planet too! They’ve patented eco-friendly manufacturing processes, making your indulgence not just a treat for your senses but a little gift to Mother Earth.

And here’s the grand finale, ‘Innovative Flavor Creation.’ Ben & Jerry’s has even put their creative process under lock and key, making sure that every new flavor they whip up is as mind-blowing as their classics. It’s like a flavor science experiment that’s taken over the patent world,… and the result? Pure, delectable magic!

And then there’s the Flavor Graveyard. Imagine a place where discontinued flavors rest in peace. We couldn’t resist paying our respects, reading the clever epitaphs and chuckling at the whimsy of it all. It’s a reminder that even when a flavor is laid to rest, the memory and creativity behind it live on.

From the ‘Wavy Gravy’ that grooved to its caramel-flavored encore to ‘Sugar Plum,’ the plum who took the twirl of its life, these flavors had their final curtain call. There’s ‘Tennessee Mud,’ a flavor with whiskey swagger that bid adieu to the stage. And don’t forget ‘Dastardly Mash,’ a pint-sized troublemaker with chocolatey mischief on its mind. And for a touch of SNL-inspired hilarity, the unforgettable ‘Schweddy Balls’ flavor – an ice cream sketch that went down in creamy history. The Flavor Graveyard: where flavors may be gone, but they’ve left us with laughter and unforgettable taste bud tales.

So, the next time you dig into a pint of Ben & Jerry’s, savor it not only for the taste but for the unique blend of creativity, innovation, and a commitment to a better world. Behind every scoop, there’s a fascinating story of trademarks, patents, and a sweet dedication to making the world a bit more delightful. Our adventure was not just about ice cream; it was about a brand that combines the joy of ice cream with a promise of a better, sweeter world. It’s a scoop that you won’t just taste, but experience in every sense.


This content is not intended to provide legal advice or opinion as neither can be given without reference to specific events and situations. © 2021 Nelligan O’Brien Payne LLP.

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