Ben & Jerry’s Loses Bid To Halt Yesha Sales Amid Legal Battle

Ben & Jerry’s is "hazed and confused" at its very core. (Photo: Mike Mozart/Flickr)

A federal judge in Manhattan rejected Ben & Jerry’s bid to forbid its parent company Unilever from allowing its ice cream to be sold in Yehudah and Shomron during the course of the companies’ legal battle.

US District Judge Andrew Carter said that Ben & Jerry’s claims that sales of its ice cream in Yehudah and Shomron could undermine its social image and confuse customers do not meet the requirements for an injunction, which requires proof that the entity would suffer “actual or imminent” irreparable harm.

Judge Carter said that neither of Ben & Jerry’s claims is sufficient for an injunction.

“Such purported harm is too speculative,” he wrote in the ruling. “The plaintiff has failed to demonstrate irreparable harm. The injunctive relief sought cannot issue on the basis of a hypothetical scenario.”

“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 ruling stated. “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.”

(YWN Israel Desk – Jerusalem)


  1. it is so much fun to comment…especially as a 80+ year old and a frum jew to witness this horror of Jewish Men feeling that Hitler should have done a better job….really Ben and Jerry…where do you want your family to be…where do you wish for them if not with Torah and the Place Hashem gave us…shame on you for bring this to our eyes greatful for know Hashem did such an incredible job in doing this very thing….even my words

  2. The issue was a temporary restraining order. Since, if they win, they can take all the profits made by the other side, there is no need for a pre-trial in. An injunction in advance of litigation is reserved for situations where the winner can not be made whole even though they won. The substantive issue in the case is yet to be litigated.