December 20, 2005
I'm Your Ice Cream Man
Phyllis Schultz and Matthew Gromet recently filed a lawsuit in Mecklenburg County Superior Court, North Carolina against Ben & Jerry’s Homemade, Inc. and Ben & Jerry’s Franchise Inc. Schultz and Gromet own five Ben & Jerry’s shops in the Charlotte, North Carolina area. UK-based holding company Unilever owns Ben & Jerry’s and also owns the Good Humor, Breyer’s, Popcicle and Klondike brands.
Plaintiffs allege that Ben & Jerry’s sales of its pre-packaged products alongside Unilever’s less premium products in venues such as grocery stores, gas stations and video rental outlets is an improper use of the Ben & Jerry’s name to sell the other brands. Plaintiffs also claim that Ben & Jerry’s sales of its products in non-traditional venues such as the Charlotte Bobcats Arena and in video stores damages plaintiffs by reducing their sales and the value of their franchises.
Plaintiffs seek damages, attorneys’ fees and an injunction barring Ben & Jerry’s from activity infringing on plaintiffs’ exclusive rights to sell Ben & Jerry’s products in the Charlotte region.