It's interesting that the plaintiff brought similar claims for a variety of flavors[1], but the judge threw most of them out, with pistachio being the sole exce

It's interesting that the plaintiff brought similar claims for a variety of flavors[1], but the judge threw most of them out, with pistachio being the sole exception[2]. [1] TFA: `Duncan also attacks other Cold Stone flavors like mango, coconut, mint, orange and butter pecan, and orange sherbet, claiming they are "merely flavored after their named ingredients."' [2] See the decision (which is a somewhat interesting read, if you're willing to tolerate puns and general silliness in legal proceedings): https://storage.courtlistener.com/recap/gov.uscourts.nyed.490350/ https://storage.courtlistener.com/recap/gov.uscourts.nyed.49... > With respect to these products, plaintiff offers far less support. No mention is made of competitor products. No survey evidence is offered as to these additional offenders with the sole exception of Mint Ice Cream, noted above. And, importantly, perhaps driven by the axiom that begins “fool me once,” there is no suggestion that plaintiff purchased any of the other accused ice creams, and apparently plaintiff had the willpower to resist the allure of the Orange Sorbet—or for that matter any of defendant’s sorbets.