Texas Ice Cream Business Brings Trademark Infringement Case Against Amy’s Kitchen

Austin-based Amy’s Ice Creams has reportedly filed a trademark infringement lawsuit in a federal district court against Amy’s Kitchen, which makes frozen lunch and dinner entrées with organic and non-genetically modified ingredients. While the two companies have apparently co existed without difficulty for more than 20 years, Amy’s Ice Creams, now with 15 shops throughout Texas, claims that it recently learned about the frozen food company’s plan to launch a line of frozen treats. Amy’s Kitchen is based in California, and its products are sold nationally.

Ice cream company founder Amy Simmons reportedly said, “We don’t want them to go into ice cream because there will be obvious confusion.” According to the complaint, the confusion would not be limited to Texas consumers, as the ice cream company “is well known beyond the state. The success of Amy’s [Ice Creams] has been featured in such publications as Inc., Southern Living, Wall Street Journal, Newsweek, People and Fast Company, and Amy’s [Ice Creams] has been profiled on the Food Network, ABC, and is referenced in multiple university textbooks.” See Austin American-Statesman and HispanicBusiness.com, June 5, 2013.