xchar (03/27/83)
Nestle is not unresponsive to pressing issues, according to an
Associated Press story dated March 25.
The "White-Plains, N.Y.-based maker of chocolate food products"
has recently taken steps in an attempt to resolve a dispute over its use
of the phrase "rich 'n creamy" to describe its hot cocoa mix. It seems
that after Nestle expended "substantial sums" creating an advertising
campaign based on that phrase, Flav-O-Rich Inc. accused Nestle of
trademark infringement, because Flav-O-Rich had been calling its
ice cream "rich 'n creamy" for some time.
Nestle has not let this charge go unanswered. First of all, Nestle
asserts, "rich 'n creamy" is a descriptive phrase (and therefore
presumably available to be attached to any product?). And second,
Nestle points out, Flav-O-Rich in fact has not succeeded in its attempt
to have the slogan registered as a trademark.
Accordingly, Nestle has filed suit to enjoin Flav-O-Rich from making
any further accusations or instituting any lawsuits against Nestle.
These are facts.
--Charlie Harris, Bell Labs, Murray Hill (rabbit!xchar)