October 29, 2002 03:19pm
Lipton Sues Love Jam Over Creamsicles
Source: Love Jam Industries
by: Company Press Release
(HIGHLANDS, NJ) -- The makers of Popsicle brands have forced Love Jam Industries to re-label all of their Orange Creamsicle sexual lubricant products and candles. Lipton Investments Inc., DBA Good Humor-Breyer's Ice Cream and the trademark owners of Orange Creamsicle, Fudgsicle, and Popsicle filed cease-and-desist letters to the novelty company claiming trademark infringement.
Formerly named Orange Creamsicle Scented Lubricant, four ounce and eight ounce bottles of the water-based sexual aid were available in adult stores and on the company's website LoveJam.com Now, Love Jam has re-named the product Orange Cream Flavored Lubricant.
We had done a search on the term Creamsicle and found no trademark in the class we were registering the product in. In fact, an on-line search of the term yielded a countless of number products with the term. Everything from drink recipes from a famous chain restaurant to carpet colors and even several other cosmetic products were using the term. Out of the blue, with no prior phone call or anything, we received a Fed Ex letter, telling us to stop referring to our products as Creamsicle. So, we called our lawyer and he explained that, though there were legal loopholes available to me, they would have been at my expense, said Cary Lazar, the company president and founder.
He explained that we could file in the class we searched but Lipton could still have a right to fight it based on their trademarks, and he assumed they would. With these things, there's a risk of how long is this going to take and how much is this going to cost" said Lazar. I can understand lubricant because it's more adult-oriented, but I've seen the name everywhere, just go into a cosmetic store.
I chose not to fight. From what my lawyer was telling me, when a company owns the trademark, they can choose to defend it wherever they want. It's their decision; they're an international brand and have very deep pockets. In two months time, I received at least three calls from their lawyer and another Fed Ex letter, reminding us of their legal case and just checking up on our progress, said Lazar. The bottom line is the fact that they chose me as an example. Obviously, they could have found other products using the same words, but they didn't. The legal motivation behind Good Humor-Breyer's pursuit of Love Jam appears to come from a desire to prevent an unsavory association with adult products.
Let's put it this way, it was better that their action came now, rather than two years down the line when I might have had thousands of bottles on the shelves already. For more information contact Cary Lazar at 1-866-Love-911 or Cary@LoveJam.com
Cary Lazar, Chef D'Amour
Love Jam Industries
P) Box 69
Highlands, NJ 07732
W- 732-291-Love (5683)
Fax 732-291-5510
LoveJam.com
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