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.
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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
Hopefully they just stop buying Oreo's and put something else in there, if they're going to be jackasses about it.
Maine Whoopie Pie Ice Cream would be a good substitute.
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)
I bet Hydrox would've been cool with it.
...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 were gross--much too dry, and not as much filling as an Oreo.
Hydrox cookies ceased production in the early 2000s. It's a pity, because I liked them better than Oreos, and they contained less fat.
Kellogg's ended up with Hydrox and discontinued them. Customer outrage made them bring them back, but apparently in 2008, they really, truly stopped production.
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.)
It's Just Manny Being Ice Cream.
I just guffawed. Good work!
Hydrox was the Babe Ruth of cookies.
call it "double stuffed"
... then how is it a trademark violation? It would be false advertising only if they substituted Hydrox or Newman-O's or some other such cookie.
...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 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).
They should call it "Oreo compatible Ice Cream!"
We need a better lawyer 'n' Cream
ORLY-oh ice cream
Censored cookie ice cream
Named after the wicked witch of the West's Imperial Winkie Guard that chanted:
OOOOREEOOOO - OOH OOH
Limited market for winkies 'n cream. Even in JP.
The Late July chocolate sandwich cookies are delicious AND from a local company. They should consider a switch.
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