The Oreo police demand JP Licks take "Oreo" out of the name of its Oreo ice cream

JP Licks is running a contest to find a new name for its Oreo ice cream, because the Oreo people say that is not how their cookies will crumble, thank you very much.

Via Mike Ball.



Free tagging: 


I have one

How about Enriched flour, sugar, high oleic canola and/or palm and/or canola and/or soybean oil, cocoa, high fructose corn syrup, leavening, cornstarch, salt, soy lecithin, vanillin, and chocolate. .......and cream


Well, they're allowed to use

Well, they're allowed to use the OREO trademark, if they are really using Oreo-brand cookies in the ice cream. (As opposed to Hydrox or whatever) They just can't do so in a way that connotes association with the company that makes the cookies. This is the nominative use doctrine in trademark law.

So they could call it something like Vanilla Ice Cream containing Crumbled OREO-Brand Sandwich Cookie Matter along with a disclaimer of association with or authorization by Kraft Foods Global Brands, LLC.

It doesn't exactly roll off the tongue, but Oreos are gross, so I can't say it matters to me.

(It does remind me of how on The Simpsons, the Krusty Burger chain doesn't sell shakes, they sell Krusty-Partially-Gelatinated-Non-Dairy-Gum-Based-Beverages)


No Hydrox...

...sad to say, they don't make Hydrox any more. I don't know what Toscanini's and Rancatore's are using as ingredients in their ice creams of that name.

Too bad, Hydrox came first and are a Boston original, from the building that's now condos at the corner of Causeway and North Washington.



Hydrox cookies ceased production in the early 2000s. It's a pity, because I liked them better than Oreos, and they contained less fat.



Incognito Chocolate Sandwich Cookie Ice Cream

We're Being Sued By A Cookie Ice Cream

Well, We Don't Want To Give Your Crummy Cookies Any Free Publicity Anyway Ice Cream

Hydrox Were Better Than Those Other Cookies Ice Cream

It's Just Manny Being Ice Cream

(OK, that last one doesn't work, but that's what I entered in an ice-cream-naming contest by Brighams in 2005 and it didn't win and I'm still pissed.)



Just so

...not a lawyer here, but a former newspaper and magazine journalist who studies copyright law in college. I don't see why they can't through a registered trademark next to Oreo, as in Oreo® and done and done.

Calling their ice cream "Oreo

Calling their ice cream "Oreo Ice Cream" may cause confusion as to whether their ice cream merely contains OREO-brand sandwich cookies or is made by or under the auspices of Kraft, which also has an OREO mark not just for the cookies but also for frozen confections, ice cream cones, and, weirdly enough, taco shells, among other things.

As I said earlier, the nominative use doctrine permits JP Licks to honestly say that their ice cream contains OREO cookies, provided that they are also clearly understood not to be associated with Kraft and OREO products otherwise.

It's the same reason that software developers can say their programs are compatible with Windows without needing permission to say that, or how comparison ads need not be against Brand X or the like (provided they're true and not misleading).