Chunky Monkey Goes to Court ... Again

by Tamera H. BennettJuly 8, 2007

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Who knew "chunky monkey" ice cream had been the subject of litigation for almost 20 years? Chunky Monkey was the name given a Ben & Jerry's ice cream flavor in 1988. Litigation soon followed by the creator of the Chunky Monkey cartoon creator, Pauline Comanor.

For two decades the parties have addressed and resolved issues of trademark infringement. Most recently, Chunky Monkey, LLC, the entity controlling the interest to the cartoon character, sued Ben & Jerry's Homemade, Inc. on May 15, 2007 in the New Jersey District Court (Trenton) for trademark infringement, trademark dilution, false designation of origin, and breach of their settlement and co-existence agreement (which has been amended twice).

Ben & Jerry's first used the trademark for ice cream in February 1988 and filed a trademark application in March 1998. No trademark applications for the cartoon character were filed until August 1989 with a date of first use in interstate commerce of 1974.

The current dispute stems from Ben & Jerry's use of the trademark on lip balm. Interestingly enough a search of the Ben & Jerry's website on July 8, 2007 does not yield any reference to the Chunky Monkey Lip Balm. There are other lip balm flavors available.

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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