I’m Pearl Giordano President and CEO of Limpert Bros, Inc. a 111 yr old Company that created the original Marshmallow Fluff, World’s BEST Hot Fudge, B-Berry Fusion and other ingredients that are guaranteed to build businesses and promote healthy choices in our everyday diets. We endeavor to continue to offer innovative, creative and wholesome foods. It is the responsibility of food processors to provide great products that are wholesome and allow every segment of our population to make choices that create a healthy quality of life for ALL, at any age. From the cradle to our senior years we need companies that care about nutrition and the building blocks of a healthy life. They say you are what you eat, we at Limperts’ want those to be food choices that keep this GREAT NATION and its’ people strong and healthy.
In the future please look to Limpert’s for “The Right Stuff”.
We are truly grateful to NJBIN for this wonderful Award on April 25, 2014. For more information E-Mail: LimpertBr@aol.com or www.LimpertBrothers.com
Our trademark Marshmallow Fluff is one of the oldest and best known brands in America.
Limpert Brothers trademark name, Marshmallow Fluff, was created by us in 1910, and as a proven fact, sold in our trade in 1913, to designate our marshmallow product.
Over 9 decades of food service, distributors, people in hotels, resorts, casinos, restaurants, diners, sundae ice cream shops, hospitals, nursing homes, ice cream or yogurt manufacturers and as well, the general public, have known or used our trademark Marshmallow Fluff.
In fact, our trademark, Marshmallow Fluff, must be known to almost everyone who has ever had a child, raised a child, was related to a child, befriended a child, or was a child.
Old, well known brands are very valuable, and they are rare. Only a relative handful of companies and brands that are well known live to reach their one hundredth birthday.
But Marshmallow Fluff is rarer still, almost as rare as the mythical and fabled unicorn; indeed almost as legendary, because Marshmallow Fluff and Limpert Brothers are part of one of the best kept secrets in american business.
Limpert Brothers and another private company, under a different and separate management, use our trademark name, Marshmallow Fluff, for their marshmallow as well.
We know of no other case in american business where the same trademark or brand is used simultaneously by two unrelated, private or public companies, who use the same brand, on the same product, at the same time.
It came about in this way:
In 1939, we were advised that another company was using our brand name. Upon investigation, it was determined that the provenance of the trademark, Marshmallow Fluff, was ours since we had the earliest use of this trademark. We were represented by Dr Stephen P. Ladas, who later wrote 8 or 10 books on the protection of patents and trademarks, published by the Harvard University Press, taught at the Haigh, and became an internationally known authority on the care and protection of copyrights and patents. In a series of letters and meetings, we were asked by a Mr. Rawlings, who represented the other company, to sell our trademark to them. John Limpert agreed, and named the price at which we would sell our whole trademark. Apparently, the other company could not afford to purchase the whole trademark, which would have given them clear title to it. Instead, they suggested that for 1/5 of the price, they purchase a narrow segment of our trademark, or the right to use our trademark, for a retail grocery consumer, in a sharply restricted use agreement. We agreed.
In an agreement made between us, in 1939, we allowed them to use our trademark, for their product, in a very restricted way. We agreed to let them use our trademark, Marshmallow Fluff, for retail grocery consumers only, by sharply restricting their sale of Marshmallow Fluff in up to a 1lb jar or tub, except in New England, where it could be more.
What is implicit in this restriction alone, is that it further defines the contractual fact that their use of our trade name, Marshmallow Fluff, can only be sold to a retail grocery consumer, which is the sole right they bought from us for 1/5, or 20% of the price of the whole trademark, Marshmallow Fluff. We retained all the other rights to 80% of our Marshmallow Fluff trademark.
Limpert Brothers, Inc. strives to make the perfect toppings and ingredients that are possible. They offer a complete line of ingredients that take an ordinary treat and turn it into an extraordinary gourmet dessert.
Keywords: Marshmallow Fluff, B-Berry Ice Cream, World’s Best Milk Chocolate Hot Fudge
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