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Letters to the Editor \u2014 July 22, 2021
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A nonprofit group says its plans to knock off Ben & Jerry\u2019s in Israel — and it\u2019s itching to go to court if the ice cream maker tries to stop it. <\/p>\n
The Shurat HaDin Law Center in Tel Aviv has applied to distribute Ben & Jerry’s frozen desserts in the West Bank under the name \u201cJudea and Samaria\u2019s Ben & Jerry\u2019s\u201d — arguing that the Vermont-based company forfeited its trademark rights when it said it would be freezing sales in \u201cthe Occupied Palestinian Territory.” <\/p>\n
In a July 23 letter to the CEO of Ben & Jerry\u2019s parent company, Unilever, the Law Center said it registered a trademark for Judea and Samaria\u2019s Ben & Jerry\u2019s with Israel\u2019s Justice Ministry. <\/p>\n
\u201cWe will now become the lawful owners of the Ben & Jerry\u2019s name in Judea and Samaria,\u201d\u00a0said the letter, referring to the historical Hebrew names for areas of the West Bank where Ben & Jerry’s plans to doing business.<\/p>\n
A ruling on whether Judea and Samaria\u2019s Ben & Jerry\u2019s is could come down in a matter of weeks, according to Shurat HaDin’s president and the letter’s author, Nitsana Darshan-Leitner. <\/p>\n
If approved, the new company would move to manufacture Ben & Jerry\u2019s branded ice cream in the region — even operating ice cream parlors under the famous brand, the letter said. <\/p>\n
In addition to iconic flavors like Chunky Monkey and Cherry Garcia, new flavors might include “Frozen Chosen People,” according to a mockup of the rival brand, which otherwise looks exactly the same as the Vermont-based ice cream maker.<\/p>\n
Leitner says her organization is in discussions with several ice cream manufacturers to produce a copycat Ben Jerry\u2019s product. \u201cThey are highly successful and we will copy them,\u201d she said.<\/p>\n
Unilever didn’t immediately return a request for comment. <\/p>\n
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The legal group, known for challenging companies that weigh in on the Middle East controversy, would also welcome a challenge by Ben & Jerry’s to its trademark plans.<\/p>\n
In 2019, it sued Airbnb in Delaware court after the home-sharing business said it would remove listings of properties located in Israeli settlements in the West Bank. Airbnb reversed its decision as a result of the lawsuit.<\/p>\n
Leitner\u2019s goal in the ice cream case, she told The Post, is to force Unilever to defend its trademark in court. She wants the conglomerate, which bought Ben & Jerry’s in 2000, to explain \u201cwhy they do business in (other) occupied territories and they don\u2019t want to do business in Israel.” <\/p>\n
“This step we\u2019ve taken forces their hand. I don\u2019t think they thought this out very carefully,\u201d she said. <\/p>\n
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Ben & Jerry\u2019s announcement to pull out of areas occupied by Israel since 1967 — namely the West Bank, including East Jerusalem, and the Gaza Strip — sparked a firestorm that continues to burn hot. <\/p>\n
Israel\u2019s Prime Minister Naftali Bennett earlier this week warned British-based Unilever that its actions would have \u201csevere consequences.\u201d Israel\u2019s Ambassador to the US, Gilad Erdan, wrote a letter to governors of 35 US states asking them to condemn Ben & Jerry’s decision. <\/p>\n
\u201cWe must stand united and send an unequivocal message that this will not be tolerated,\u201d according to reports of the letter. <\/p>\n
Republican Sen. James Lankford of Oklahoma, meanwhile, has called for a ban on all Ben & Jerry\u2019s sales in his state, which passed a law last year preventing Oklahoma from doing business with companies engaged in a boycott of Israel.<\/p>\n
Several supermarkets have also taken a stand on the issue, including the Big Apple\u2019s Morton Williams, which is reducing its Ben & Jerry\u2019s inventory by 70 percent in the wake of the announcement. It has also agreed to stop promoting the brand, as The Post first reported Monday.<\/p>\n
An Albany-based graphic designer, who’d worked for Ben & Jerry’s for 21 years quit her job, publicly announcing her decision on social media, as The Post reported.<\/p>\n
\u201cEffective immediately, I have quit my job of 21 years at Ben & Jerry\u2019s, over the statement on Israel,\u201d the employee, Susannah Levin, said in a Facebook post on Tuesday.<\/p>\n
Unilever, meanwhile, has sought to distance itself from the announcement, saying the decision was made independently by Ben & Jerry\u2019s, which has control over its messaging and branding.<\/p>\n
\u201cUnilever remains fully committed to our business in Israel,\u201d CEO Alan Jope said Thursday. \u201cThis was a decision that was taken by Ben & Jerry\u2019s and its independent board in line with an acquisition agreement that we signed 20 years ago.\u201d<\/p>\n