A federal court in New York on Monday ruled against Ben & Jerry’s bid to prevent its ice cream from being sold in the West Bank.
‘s in 2000 for $326 million, maintains it can decide where the ice cream is sold but the Cherry Garcia makers argue that selling the local Israeli business to Zinger violates the terms of the takeover deal.
In his ruling on Monday, District Judge Andrew Carter did not agree with the Cherry Garcia maker’s case that the sale would harm its brand, saying that the claim that customers would be “confused” by messages on Zinger’s products that ran counter to its own was “too speculative.” “Ben & Jerry’s has offered no evidence of such confusion or the impact of the alleged confusion,” Carter wrote in his ruling, according to Reuters.
Carter further noted that the West Bank products would use Hebrew and Arabic trademarks, not English language trademarks.
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