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Surely they kind of knew what they were getting themselves into back in 2000 when they sold their company to Unilever? I know that was 25 years ago now. But multinational corporations have been acting this is way for a long time.
I'm pretty sure they explicitly made sure that they would retain complete control over the company's political activism.
So yeah, they knew they'd try shit like this, which is why they specifically protected themselves from it in their contract.
But especially Unilever. Pretty much the only way to fuck up worse would have been to sell to Nestle. Both are asshole companies that were known to remove and substitute cheaper ingredients in food and other products well before the year 2000.
Members of my family will literally go without rather than use a Unilever product.
Yes but have you considered
$607 million in 2025 accounting for inflation
If all the employees/execs agree, could they quit en masse and form a new company? I guess they'd need to build new factories. And maybe run afoul of non competes.
But yeah, seems like selling your soul and then asking the public to ransom it for you is irresponsible.
Unilever probably owns all the copyrights on their flavors, and maybe on dinner other stuff like production processes.
Generally speaking, recipes can't be copyrighted (the specific wording of a written recipe might be protected, but the general idea of combining certain ingredients in a specific way can't)
The names of the flavors, branding, etc. can be (or trademarked, or various other IP terms)
And aspects of the production process might be covered by patents and such.
And of course non-competes and such could complicate things for the actual people involved
And how you acquire those recipes can be a factor, that could rub up against non-disclosure agreements, corporate espionage laws, etc. you may need to be able to say that you came up with it on your own independent of the original recipe or pieced it together from publicly available information.
But in general, if anyone wanted to start up an ice cream company selling exact duplicates of Ben & Jerry's flavors,they could do that as long as they called them all something different
copyrights on their flavors
Jesse, WTF are you talking about?
They could trademark the flavor names and copyright the carton art, but they can't copyright the recipes themselves.
He says in his first paragraph:
Generally speaking, recipes can't be copyrighted (the specific wording of a written recipe might be protected, but the general idea of combining certain ingredients in a specific way can't)
They'll try, and our current crop of government would allow it
No, this is just stupid
Again, consider the government
No, this is about the poster being ignorant about what different things are.
I know "government is dumb!" is a good lazy meme, though.
It's less about just dumb but corrupt. The siding with mega corps is pretty much a given no matter how dumb the case
I think, in certain cases, they can. IANAL, but I'm thinking about the formula for Coke or KFC's 11 herbs and spices recipe. Aren't those consider trade secrets? I mean they probably can't protect "vanilla," but they can trademark their specific formulation named something like "virgin snow vanilla?" I actually cringed a bit writing that...
edit: spelling
Okay, yeah, if Ben and Jerry (the people) have signed non-disclosure agreements preventing them from using their knowledge of the recipes at another company, that could indeed be an issue.
But what threw me off reading your comment is that trade secrets have absolutely fuck-all to do with copyright.
RMS has a good explainer about how trying to glom the unrelated concepts of copyrights, patents, trademarks, and trade secrets together as "intellectual property" is actively harmful loaded language, and falling for it results in the kind of cognitive bias and misunderstanding that you just exhibited. It's more important than you probably yet appreciate that you make an effort to keep those concepts separate in your mind and talk about them with precision.
His overall point seems to be that, because intellectual property consists of several things with distinctions among them, the use of a categorical term is incorrect. This seems flawed, as all categories are defined as such. The only problem OP has here is a lack of familiarity with those individual components, i.e. to know that trade secret is different than copyright/trademark. I don't see how getting rid of the term IP would help to educate people on those differences.
It's right there in the name, trade SECRETS.
Those are kept safe by legal agreements compelling secrecy, not letting most people know the secrets and other methods, but, if the secrets got out, the person who leaked it might get in trouble for breaking a legal contract or breaking and entering or whatever, but, the rest of the world would be able to legally sell things made using those recipes, but they probably wouldn't be able to reference the original company directly (ie, Crowns Chicken, now using KFCs original recipe!) ... "11 herbs and spices" is probably a term that's trademarked too, but I'm sure some marketing person would find a creative way to tell everyone.
"IANAL" probably stands for something but I'm going to just read as if you like it in the tushie.
FAFO
I don't know what you expect when you sell the company to Unilever.
But I didn't know it was being spun off:
The war between the ice-cream giants comes as Ben & Jerry’s became part of the Magnum Ice Cream company on Tuesday and Unilever prepares to spin off Magnum into a separate public company, which includes brands such as Ben & Jerry’s, Walls and Cornetto, in mid-November.
They expected $$$$$$$
Hate to say it but they made their bed with the decision to sell their names to corporate America. This was to be expected unfortunately and if they want to be a voice for good in the ice cream market, they'll have to start a new company.
I would buy the hell out of some Jen and Berry's.
Unilever is British
My bad, multinational Corporation that has a corporate America branch .
I forget that the UK are also full of complete shitheads too.
Hey now... It's pronounced 'shitehead' over there
I remember going to Ben & Jerrys once a few years ago and there was only one worker there at the time, dude was really cool and even though company policy didnt let me take a disposable cup he still went around it and found one so I could drink and walk as I usually prefer with milkshakes (I think they were running out of disposable cups or smth, dont remember the reason).
Anyway, he told me just how much he loved working there, that he knew the entire story of the brand and how really liked how it stood for many progressive things like LGBT rights and stuff. The store closed during the pandemic but I hope he still kept his job and is doing all right. Also I hope Ben and Jerrys can be independent again, they do some nice things.
So how does the public help? Just stop buying anything from Magnum brands or Ben & Jerry’s? That could work in theory, but a lot of us have never purchased either brand, regardless. I appreciate B&J’s efforts, but I just don’t eat enough ice cream (as in, none) these days anyway.
Plus, a lot of people just don't care enough to give up their Cherry Garcia. People attach value to the strangest things.