One of the most successful inventions of the 20th century was patented exactly 100 years ago: the ice lolly. Thanks to advances in cooling systems, the time was ripe for the idea and the successful product was invented several times.
Two of the products invented back then are still well-known and available on the US market thanks to the patents and trade mark rights registered by their inventors.
In January 1922, teacher Christian Nelson patented the “Eskimo Pie”, a chocolate-based ice cream bar.
Harry B. Burt, a confectionery manufacturer, developed a similar product. However, he improved it by adding a handle to the bar on the advice of his son. Without doubt a sensible improvement!
He applied for various patents on 30 January 1922: for the product, the manufacturing process and the machines.
At the same time, he developed ambitious plans to scale his company. Standardised production should be carried out by licensed manufacturers. The branded product was marketed via food trucks that travelled through residential areas and brought the refreshing treat directly to consumers.
In 1924, Burt was granted patents for processes and machines, but the patent he applied for “the ownership of all forms of frozen confectionery on a stick” was never granted.
Legend has it that Frank W. Epperson was several years ahead of the game: he invented the water popsicle by chance back in 1905.
But he also had to wait until progress made larger-scale production possible.
In 1923, he introduced his product, the Popsicle®, in amusement parks and on beaches. With resounding success: his ice cream stand on Coney Island sold 8,000 units in one day!
In 1924, he was granted a patent for his manufacturing process, which he handed over to the newly founded Popsicle Corporation.
Naturally, the idea attracted imitators. But thanks to their patents, both Burt and the Popsicle Corporation were able to take successful action against imitators.
Burt also sued the Popsicle Corporation. The dispute ended with a licence agreement and the division of the market:
Popsicle Corporation and its licensees were allowed to produce popsicles from a “mass of flavoured syrup, water ice or sorbet” in a cylindrical shape, while Burt’s company Good Humor Corporation was allowed to produce milk-based ice cream on a stick in a rectangular shape.
The two ice cream giants, who had secured the market for ice lollies with their patents, continued to argue about one or other detail of the agreements until 1933.
Both of them were successful.
Today, their dispute has long been history: the legendary and still valuable traditional brands “Popsicle®” and “Good Humor®” are now both owned by Unilever.
