October 16, 2024
Letter

Black bear on ice

Having worked for trademark and patent lawyers for nearly 30 years, I can offer a solution to the trademark infringement problem confronting Gifford’s Ice Cream (BDN, March 25). A competitor in Massachusetts is selling Maine Black Bear Ice Cream, a product that allegedly infringes the trademark owned by Gifford’s Ice Cream.

The law states that if a trademark describes the ingredients of a product, there is no infringement. Thus, in order to avoid prolonged and costly litigation, I suggest that tiny bits of actual Maine black bear be added to the ice cream. A suitable photo of Teddy Roosevelt may be used, such as the one that shows him with rifle in hand, one foot on the bear’s back, staring heroically into the distance. Teddy hunted in Maine, so such a scene may actually have occurred.

Although some may object that bear-flavored ice cream is disgusting, I would point out that the makers of this novel product would find eager customers in northern Quebec, where such dishes as muktuk chowder and jellied moose nose are considered delicacies.

Fritz Spencer

Saco


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