Last year Ben & Jerry’s independent board said it was going to stop selling its ice cream in the Israeli-occupied West Bank and contested east Jerusalem, saying the sales in the territories sought by the Palestinians are “inconsistent with our values.”
Ben & Jerry’s complaint in the case filed last month outlined the company's tradition of social activism over its 44-year historyA federal judge on Monday rejected a request by Ben & Jerry’s to block a plan by its corporate parent to allow its products to be sold in east Jerusalem and the occupied West Bank against the wishes of the Vermont ice cream maker's independent board of directors.
U.S. District Court Judge Andrew Carter said Ben & Jerry’s failed to show that the decision by London-based consumer goods conglomerate Unilever would hurt Ben and Jerry’s social mission or confuse its customers. In his three-page decision, Carter said that the harm Ben & Jerry’s was claiming was “too speculative.”
“The products sold in Israel and the West Bank will use no English trademarks, instead displaying new Hebrew and Arabic language Ben & Jerry’s trademarks," the decision said. “Thus, the products sold in Israel and the West Bank will be dissimilar from other Ben & Jerry’s products, mitigating, if not eliminating, the possibility of reputational harm."
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