The fascinating story behind patriotic Bomb Pop and Firecracker popsicles

The original rocket-shaped but confusingly named Bomb Pop was first invented in 1955 by D.S. “Doc” Abernathy and James S. Merritt, for Kansas City, Missouri's Merritt Foods. The iconic red, white, and blue stack was flavored cherry, lime, and blue raspberry. When Merritt Foods eventually shut down operations in 1991, Bomb Pop manufacturing was sold off to Iowa-based Wells Dairy/Wells Enterprises. The frozen confections are still made today in La Mars, Iowa.

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But as the Bomb Pop saga teaches us, success in the marketplace is never just about being first or having a catchy name; the visual design itself matters enormously. The tri-layer, rocket-shaped silhouette, bold stripes of red, white, and blue, and even the precise proportions are all part of what makes the product instantly recognizable to kids and parents alike. Design is a powerful tool that allows brands to communicate identity, build emotional connection, and differentiate from competitors at a glance. And that distinctiveness is one of the very things that makes a product protectable through various forms of intellectual property… If another company tries to imitate the appearance of your product, having a strong, distinctive design offers a foundation for legal protection and commercial leverage.

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Securing design rights and trade dress is one thing, but enforcing them is another. If your design is being copied or challenged, you’ll first want support from appropriate legal counsel. And an industrial design expert often plays a supporting role from the standpoint of design patent infringement and trade dress litigation to help assess whether (or not) a competitor has crossed the line, and to render an opinion and testify credibly in court to support that position. Whether for a consumer product, packaging, or product configuration, you can learn more about our design expert witness work and see how we might assist with your particular challenge.

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