- Here is my Facebook posting: Just in case some of you are homesick for the genuine thing. I just found out from Arnold Pedrigal that THE ORIGINAL MAGNOLIA ICE CREAM you grew up with in the Philippines is labelled SAN MIGUEL GOLD LABEL. This means then that any brand of Magnolia Ice Cream you see in the USA and Canada is NOT the original. Here is the Facebook page for all ORIGINAL Magnolia Ice Cream lovers: https://www.facebook.com/SanMiguelGoldLabel …
- A LITTLE HISTORY AND BACKGROUND.In 1925, the Magnolia Ice Cream brand was established commercially by San Miguel Corporation in the Philippines.
In the United States, Ramar Foods International, a company founded in 1969 and based in Pittsburg, California, markets its own line of ice cream under the Magnolia trademark “since 1972” using a brand identity similar to that created and used by San Miguel Corporation (SMC). The company has no connection with SMC. In 2012, Ramar Foods International won a trademark infringement case in the United States against SMC. However, SMC was allowed to continue exporting its Magnolia line of butter, margarine and cheese to the US. San Miguel sells its ice cream in the US and Canada under the San Miguel Gold Label brand. Both parties are in the appeals process.
- MORE RESEARCH: I did a google search on "Ramar Foods versus San Miguel Corporation".
- 1991.This is one of the documents that I found. http://www.uspto.gov/web/offices/com/sol/foia/ttab/2dissues/1999/91065.pdf …I had a hard time including a public record's URL in this content curation so I created another document for embedding.
- 2005.QUOTED: Philippine companies have also fought over names. In 2000, the Philippine Islands' largest conglomerate, San Miguel Corp. , lost a long legal fight to stop a California company, Ramar Foods International Corp., from selling Magnolia brand ice cream, a brand San Miguel owned. From its Oakland factory, Ramar produces flavors that were nearly identical to Magnolia's -- lychee, avocado, corn-cheese and urbe yam -- and uses packaging and logos similar to the Filipino company. But San Miguel, which hadn't registered its Magnolia trademark abroad, eventually dropped the case.
"They didn't have the vision to know they could sell to Filipinos here," says Primo Quesada, president of Ramar Foods, based in Pittsburg, Calif. A spokesman for San Miguel in Manila says the company does not comment on past or pending litigation.
- THE CONFUSION.In the Magnolia Ice Cream USA Facebook page, it says:INTELLECTUAL PROPERTY RIGHTSUnless otherwise stated, the trade marks “Magnolia” and the Magnolia Oval, all text, graphics, icon, logos, service marks, copyrightable materials, trade indicia and related domain names displayed or appearing on this page, and all intellectual property rights residing therein (whether registered or unregistered) are owned by RAMAR INTERNATIONAL, CORPORATION. © Ramar International, CORPORATION. All rights reserved.
- USA - Ramar Foods: Check out the logo!
- PHILIPPINES - San Miguel Corporation: Check out the logo!
- WHERE TO FIND MORE INFORMATION.
- SOME RESEARCH ON INTELLECTUAL PROPERTY RIGHTS.The situation is that even if the trademark existed since 1925 in the Philippines, San Miguel Corporation did not know that a young Filipino American company would file a trademark of its iconic likeness (logo/brand) in the United States.
- "First to File" versus "First to Use" at http://www.zuberlaw.com/attorneys/articles/200904_TFZ_Article_re_Registering_and_Enforcing_a_Foreign_Trademark_in_the_US_(2).PDF …