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There’s nothing quite like taking your competition to court and telling them to “Suck It.”

Unilever Popsicle Brand Sues Over Bomb Pop Copying Firecracker Ices

According to NY Post reports:

Consumer-goods giant Unilever alleges that family-owned Wells Enterprises is trying to peddle its familiar, red-white-and-blue frozen treats by tricking people into thinking they’re part of Unilever’s family of Popsicles, Creamsicles and Fudgsicles.

Unilever markets its own rival brand of tri-colored ices under the name “Firecracker,” and says it’s rung up “many millions of dollars in sales in the United States since 1989.”

According to Unilever, Wells — which also sells “Blue Bunny”-brand ice cream — recently began producing new boxes of Bomb Pops that lift “inherently distinctive” elements from the Firecracker boxes, including a red-and-blue oval that “was clearly designed to emulate plaintiff’s Popsicle logo.”

“To further promote consumer confusion, defendant has also removed its Wells’ ‘Blue Bunny’ house mark from the new packaging of its Bomb Pop products, thereby increasing the likelihood that consumers will confuse Bomb Pops products with Unilever’s products,” court papers charge.

The Manhattan federal court suit, which was made public Monday, accuses Iowa-based Wells of unfair competition, deceptive trade practices and “trade dress” infringement.

It seeks a court order barring Wells from imitating any of the Firecracker box designs, a recall of all the allegedly copycat packaging and promotional materials, and unspecified damages.

Dang… Does this seem petty or legit to you? We guess the ripping off of the logo definitely seems shady but it seems like “grocery store brands” follow this methodology all the time with all sorts of products.

Have you tried either of these popsicles? It would be interesting to learn which brand tastes better.



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