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Cold War: The Legal Battle Between Good Humor and the Popsicle Corporation

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Advances in refrigeration technology led to an explosion in the world of ice creams and other frozen treats in the early 1900s. The ice cream cone, ice cream bar, Eskimo Pie, disposable ice cream cup, and ice pop were all invented or popularized within the first two decades of the century. Just a few years later, Harry Burt and Frank Epperson almost simultaneously invented what would become two of America’s most enduring brands of frozen novelty.

Burt, a Youngstown, Ohio, confectioner, hit upon a “new, clean, convenient way to eat ice cream” when he inserted a stick into a chocolate-covered ice cream bar. He called it the Good Humor Bar.

Epperson’s invention was less intentional. As a young man, he’d left a sweet, syrupy soft drink with a stirring stick outside on a cold night. When he went to retrieve it in the morning, he found the drink frozen around the stick. Later, he recreated his accident for manufacture. He dubbed it the “Epsicle,” but his kids quickly renamed it the “Pop’s Sicle.”

The Popsicle, as it was eventually branded, was what you would call sherbet or water ice on a stick, while the Good Humor Bar was chocolate-covered ice cream on the same conveyance. They seem different enough, but the similarities were a little too close for the comfort of the inventors. Both Burt and Epperson held patents on the methods for making their products and on a few pieces of specialized equipment involved, and had filed lawsuits against imitators before. The almost-instant success of their respective treats brought them to each other’s attention, and a legal battle broke out.

Burt had received his patents first and, through them, insisted that he had the sole rights to all forms of frozen confections on sticks. In 1925, Good Humor sued the Popsicle Corporation for infringement of its rights. The parties reached an out-of-court agreement that basically split the market. Popsicle would pay a licensing fee to Burt, and would limit their products to treats “comprising a mass of flavored syrup, water ice or sherbet frozen on a stick.” Burt, meanwhile, would keep the exclusive rights to produce “frozen suckers from ice cream, frozen custard or the like." They also agreed to that Popsicle’s products would maintain a “cylindrical form,” while “rectangular forms” would be Burt's.

Got Milk Popsicles?

The agreement kept the peace for a while, but some of Popsicle’s licensees pressured the company to capitalize on a drop in dairy prices with an ice-cream-on-a-stick product of its own. In 1931, Popsicle approached Good Humor with the idea of redefining the division of products to allow them to manufacture products with less than 4.5% butter fat, like a “milk popsicle.”

Good Humor rebuffed them, but their agreement allowed Popsicle to make “sherbet,” without giving a set definition to the term. Popsicle felt confident that an ice milk with 4.48% butter fat (and a cylindrical form) counted as sherbet and didn’t violate the agreement. They began rolling the product out in 1931 and Good Humor brought them back to court almost immediately.

The testimony from both sides largely revolved around the definition of sherbet, with Good Humor arguing that it was "flavored water ice,” and Popsicle claiming that a milk sherbet was still a sherbet in the parlance of the ice cream industry.

The judge ultimately decided that “sherbet” in the 1925 agreement was strictly meant to mean a "water sherbet," and issued an injunction against Popsicle’s new product. Permanent peace only came years later when both the Good Humor Bar and the Popsicle came under the ownership of Unilever.

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iStock // Ekaterina Minaeva
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technology
Man Buys Two Metric Tons of LEGO Bricks; Sorts Them Via Machine Learning
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iStock // Ekaterina Minaeva

Jacques Mattheij made a small, but awesome, mistake. He went on eBay one evening and bid on a bunch of bulk LEGO brick auctions, then went to sleep. Upon waking, he discovered that he was the high bidder on many, and was now the proud owner of two tons of LEGO bricks. (This is about 4400 pounds.) He wrote, "[L]esson 1: if you win almost all bids you are bidding too high."

Mattheij had noticed that bulk, unsorted bricks sell for something like €10/kilogram, whereas sets are roughly €40/kg and rare parts go for up to €100/kg. Much of the value of the bricks is in their sorting. If he could reduce the entropy of these bins of unsorted bricks, he could make a tidy profit. While many people do this work by hand, the problem is enormous—just the kind of challenge for a computer. Mattheij writes:

There are 38000+ shapes and there are 100+ possible shades of color (you can roughly tell how old someone is by asking them what lego colors they remember from their youth).

In the following months, Mattheij built a proof-of-concept sorting system using, of course, LEGO. He broke the problem down into a series of sub-problems (including "feeding LEGO reliably from a hopper is surprisingly hard," one of those facts of nature that will stymie even the best system design). After tinkering with the prototype at length, he expanded the system to a surprisingly complex system of conveyer belts (powered by a home treadmill), various pieces of cabinetry, and "copious quantities of crazy glue."

Here's a video showing the current system running at low speed:

The key part of the system was running the bricks past a camera paired with a computer running a neural net-based image classifier. That allows the computer (when sufficiently trained on brick images) to recognize bricks and thus categorize them by color, shape, or other parameters. Remember that as bricks pass by, they can be in any orientation, can be dirty, can even be stuck to other pieces. So having a flexible software system is key to recognizing—in a fraction of a second—what a given brick is, in order to sort it out. When a match is found, a jet of compressed air pops the piece off the conveyer belt and into a waiting bin.

After much experimentation, Mattheij rewrote the software (several times in fact) to accomplish a variety of basic tasks. At its core, the system takes images from a webcam and feeds them to a neural network to do the classification. Of course, the neural net needs to be "trained" by showing it lots of images, and telling it what those images represent. Mattheij's breakthrough was allowing the machine to effectively train itself, with guidance: Running pieces through allows the system to take its own photos, make a guess, and build on that guess. As long as Mattheij corrects the incorrect guesses, he ends up with a decent (and self-reinforcing) corpus of training data. As the machine continues running, it can rack up more training, allowing it to recognize a broad variety of pieces on the fly.

Here's another video, focusing on how the pieces move on conveyer belts (running at slow speed so puny humans can follow). You can also see the air jets in action:

In an email interview, Mattheij told Mental Floss that the system currently sorts LEGO bricks into more than 50 categories. It can also be run in a color-sorting mode to bin the parts across 12 color groups. (Thus at present you'd likely do a two-pass sort on the bricks: once for shape, then a separate pass for color.) He continues to refine the system, with a focus on making its recognition abilities faster. At some point down the line, he plans to make the software portion open source. You're on your own as far as building conveyer belts, bins, and so forth.

Check out Mattheij's writeup in two parts for more information. It starts with an overview of the story, followed up with a deep dive on the software. He's also tweeting about the project (among other things). And if you look around a bit, you'll find bulk LEGO brick auctions online—it's definitely a thing!

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Smart Shopping
This Week's Best Amazon Deals You Can Still Get
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As a recurring feature, we share some amazing Amazon deals we’ve turned up. These items were the ones that were the most popular with our readers this week, and they’re still available.

Mental Floss has affiliate relationships with certain retailers, including Amazon, and may receive a small percentage of any sale. But we only get commission on items you buy and don’t return, so we’re only happy if you’re happy. Good luck deal hunting!

GADGETS, TOYS, AND MEDIA

Fitbit Surge Fitness Superwatch, Black, Large (US Version) for $229.94 (list price $249.95)

Brother Printer EHLL2360DW Compact Laser Printer, Duplex Printing & Wireless Networking, Refurbished for $69.99 (list price $89.99)

VicTsing Shower Speaker, Wireless Waterproof Speaker with 5W Driver, Suction Cup, Buit-in Mic, Hands-Free Speakerphone - Army Green for $18.99 (list price $24.99)

CardNinja Ultra-slim Self Adhesive Credit Card Wallet for Smartphones, Black for $6.95 (list price $12.99)

Anker Quick Charge 2.0 36W Dual USB Car Charger, PowerDrive+ 2 for Galaxy S7 / S6 / Edge / Plus, Note 5 / 4 and PowerIQ for iPhone 7 / 6s / Plus, iPad Pro / Air 2 / mini, LG, Nexus, HTC and More for $12.99 (list price $59.99)

Timex T235WY AM/FM Dual Alarm Clock Radio - White for $19.65 (list price $24.95)

Lexar JumpDrive P20 64GB USB 3.0 Flash Drive - LJDP20-64GCRBNA for $34.47 (list price $41.49)

Anker PowerLine+ Lightning Cable (6ft) Durable and Fast Charging Cable [Double Braided Nylon] for iPhone, iPad and More(White) for $13.99 (list price $39.99)

Roku Streaming Stick (3600R) - HD Streaming Player with Quad-Core Processor for $39.99 (list price $49.99)

AmazonBasics 6-Outlet Surge Protector Power Strip 2-Pack, 200 Joule - Black for $9.99 (list price $11.49)

DOSS Touch Wireless Bluetooth V4.0 Portable Speaker with HD Sound and Bass (Black) for $32.99 (list price $89.99)

Fujifilm Instax Mini Film Value Pack - 60 Images for $34.99 (list price $39.99)

Cell Phone Camera Lens - TURATA 2 in 1 Professional HD Camera Lens Kit 0.45X Super Wide Angle & 12.5X Macro Lens for iPhone7 6s 6s plus 6 plus 5s & Most Smartphone, Tablet for $11.98 (list price $30.99)

Sades Over-Ear Stereo Bass Gaming Headphone with Noise Isolation Microphone for Xbox One PC PS4 Laptop Phone for $23.99 (list price $39.99)

InkoTimes Bamboo Charging Station Dock Organizer for Apple Watch, iPhone, iPad, Universal Cell Phones and Tablets, Compatiable with Anker, RAVPower, PowerAdd, 4/5/6-Port USB Charger for $35.99 (list price $59.99)

KITCHEN

Aicok Juicer Juice Extractor High Speed for Fruit and Vegetables Dual Speed Setting Centrifugal Fruit Machine Powerful 400 Watt with Juice Jug and Cleaning Brush, Premium Food Grade Stainless Steel for $48.99 (list price $99.99)

Rabbit Wine Opener Corkscrew BEST Wine Bottle Opener - 7 Piece Rabbit Ear Bundle with Stand, Bottle Plug, Wine Aerator, Drip Ring, Foil Cutter & EXTRA Teflon Spiral + Wooden Box Perfect Gift Set for $35.00 (list price $69.99)

Magic Bullet Blender, Small, Silver, 11 Piece Set for $34.00 (list price $39.99)

ThermoPro TP03A Digital Food Cooking Thermometer Instant Read Meat Thermometer for Kitchen BBQ Grill Smoker for $10.49 (list price $29.99)

Etekcity Digital Kitchen Scale Multifunction Food Scale, 11 lb 5 kg, Silver, Stainless Steel (Batteries Included) for $13.98 (list price $39.99)

Ado Glo Kitchen Shears - Stainless Steel Multi-Function Kitchen Scissors with Sharp Blade - Professional Poultry Shears for $12.95 (list price $34.99)

ISSIKI JAPAN Professional 8 Inch Chef's Knife, Gyutou Knife, Kitchen Knife, High Carbon Stainless Steel, Sharp Cutlery, Ergonomic Handle for $24.99 (list price $125.00)

12-Pack KEURIG Compatible Water Filters by K&J - Universal Fit (NOT CUISINART) Keurig Compatible Filters - Replacement Charcoal Water Filters for Keurig 2.0 (and older) Coffee Machines for $9.95 (list price $19.95)

Hamilton Beach 22910 Brushed Stainless Steel 2-Slice Toaster for $9.24 (list price $24.99)

Spiralizer 5-Blade Vegetable Slicer, Strongest-and-Heaviest Duty, Best Veggie Pasta & Spaghetti Maker for Low Carb/Paleo/Gluten-Free Meals, With 3 Exclusive Recipe eBooks for $29.99 (list price $49.99)

Stainless Steel Mixing Bowls by Finedine (Set of 6) Polished Mirror Finish Nesting Bowls, ¾ - 1.5 - 3 - 4 - 5 - 8 Quart - Cooking Supplies for $22.95 (list price $39.95)

Hiware 12-piece Good Stainless Steel Dinner Forks Cutlery Set, 8 Inches for $15.59 (list price $22.00)

HOME

Furhaven Orthopedic Mattress Pet Bed, Large, Cream, for Dogs and Cats for $25.49 (list price $30.44)

12 Air Plant Variety Pack - Bulk Assorted Species of Live Tillandsia House Plants for Sale - Wholesale Indoor Terrarium Air Plants by Aquatic Arts for $22.99 (list price $25.08)

Estilo 1 gallon Glass Mason Jar Double Beverage Drink Dispenser On Metal Stand With Leak Free Spigot, Clear for $27.98 (list price $31.88)

Poly and Bark Ralston Writing Desk - Standard Height - in Ash Grey for $49.99 (list price $55.99)

Outsunny 3 Person Canopy Porch Swing - Black for $132.67 (list price $99.99)

Sterilite 25306P01 3 Drawer Wide Weave Tower, Espresso Frame & Drawers w/ Driftwood Handles, 1-Pack for $19.83 (list price $22.44)

AmazonBasics Mid-Back Mesh Chair for $49.58 (list price $64.99)

Mpow LED Solar light, Bright Security Lighting Outdoor Motion Sensor Lighting for Garden, Patio for $14.99 (list price $19.99)

HOMFA Fashion Heavy Duty Garment Rack with Shelves 3-Tier Shoes Rack,Coat Rack Hooks,Clothes Rack with Hanger Bar (Black) for $49.99 (list price $110.99)

Premium 8 Piece Towel Set (Grey); 2 Bath Towels, 2 Hand Towels and 4 Washcloths - Cotton - Machine Washable, Hotel Quality, Super Soft and Highly Absorbent by Utopia Towels for $25.99 (list price $43.99)

HEALTH AND BEAUTY

VicTsing 300ml Cool Mist Humidifier Ultrasonic Aroma Essential Oil Diffuser for Office Home Bedroom Living Room Study Yoga Spa - Wood Grain for $49.99 (list price $29.99)

Nerdwax Stop Slipping Glasses as Seen on Shark Tank for $12.99 (list price $14.99)

Redken Short Sculpt 19 Touchable Texturizing Gel, 3.4 Ounce for $12.46 (list price $20.00)

Oak Leaf 7X Magnification LED Lighted Makeup Mirror,Bright Shaving Bathroom Vanity Mirror with Strong Suction Cup,Touch-Activated,Rotates 360 Degrees,Daylight Color,Battery Operated for $19.99 (list price $59.99)

BraceUP Stabilizing Lumbar Lower Back Brace and Support Belt with Dual Adjustable Straps and Breathable Mesh Panels (S/M) for $23.99 (list price $45.98)

Brightdeal Replacement Brush Heads for Philips Sonicare Toothbrush E Series HX7022/66, Essence, Xtreme, Elite and Advance (6-pack) for $19.99 (list price $25.99)

Philips Sonicare Essence Sonic Electric Rechargeable Toothbrush, White for $24.95 (list price $49.99)

Swiffer Duster Refills, Unscented Dusters Refill, 20 count for $13.97 (list price $15.99)

Braun Series 9-9095cc Wet and Dry Foil Shaver for Men with Cleaning Center, Electric Men's Razor, Razors, Shavers, Cordless Shaving System for $299.99 (list price $499.99)

Johnson's 24 Hr Moisturizing Wash Soft Body Lotion 12 fl oz (6 pack) for $26.99 (list price $29.99)

Germ-X 1000042965 Moisturizing Hand Sanitizer Lotion 4 oz. (Pack of 12) for $38.53 (list price $55.28)

Radha Beauty Natural Therapeutic Frankincense Essential Oil, 4 oz. for $16.95 (list price $49.99)

FHI Brands Stylus Thermal Styling Brush, Black for $79.99 (list price $99.99)

Thayers Alcohol-free Rose Petal Witch Hazel with Aloe Vera, 12 oz for $10.51 (list price $19.95)

OFFICE, SCHOOL, AND CRAFTS

AmazonBasics Wireless Presenter for $21.00 (list price $24.99)

Anycolor 3 Pack Compatible Brother M221 M-K221 MK221 M Tape Black on White Label Tape for Brother P Touch Label Maker PT-90 PT-M95 PT-70BM PT-70 PT-65 PT-85 PT-45 (3/8" x 26.2' 9m x 8m) for $32.49 (list price $32.49)

EXPO Low-Odor Dry Erase Markers, Fine Tip, Assorted Colors, 8-Count for $7.37 (list price $11.49)

HIRALIY CH019 Aluminum Portable Laptop Stand for 13" & Smaller Laptops/Notebooks/ /Tablets (Grey) for $29.99 (list price $49.99)

Thick Classic Notebook with Pen Loop - Lemome Wide Ruled Hardcover Journal with Pocket to Write in + Page Dividers Gifts, Banded, Large, 180 Pages, 8.4 x 5.7 in for $14.99 (list price $25.99)

Clipboards (Set of 10) by Office Solutions Direct! Low Profile Clip Standard A4 Letter Size clipboard for $12.88 (list price $29.95)

VANRA Metal Mesh Desktop File Sorter Organizer Desk Tray Organize with 3 Letter Trays and 2 Vertical Upright Sections, Black for $33.98 (list price $68.80)

Paper Mate Profile Retractable Ballpoint Pens, Bold (1.4mm), Assorted Colors, 12 Count for $6.69 (list price $17.09)

Five Star Spiral Notebook, 3 Subject, College Ruled, 150 Sheets, Black, Cobalt Blue, Red, 3 PACK (73393) for $12.87 (list price $29.99)

HP Paper, Office Ultra White, 20lb, 8.5 x 11, 3 Hole Punch , 92 Bright, 500 Sheets / 1 Ream (113102R), Made In The USA for $4.01 (list price $7.01)

Sharpie Accent Retractable Highlighters, Chisel Tip, Assorted Colors, 8-Count for $7.54 (list price $8.38)

U Brands Contempo Magnetic Monthly Calendar Dry Erase Board, 11 x 14 Inches, White Frame for $5.73 (list price $8.99)

EXPO Low-Odor Dry Erase Markers, Chisel Tip, Fashion Colors, 8-Count for $4.94 (list price $8.92)

Board Dudes 18" x 22" Magnetic Dry Erase/Cork Combo Board (CYH10) for $13.19 (list price $20.23)

Electric Pencil Sharpener - Battery Operated (No Cord) - Ideal For No. 2 and Colored Pencils (Drawing, Coloring) - Small and Durable - Kid Friendly - Artist , Students , and Professionals for $16.99 (list price $34.99)

Sargent Art 36-1012 36 Count Premium Pink Eraser Best Buy Pack for $4.99 (list price $20.29)

OUTDOORS, GARDEN, AND SPORTS

SHINE HAI Double Camping Hammock, Portable Lightweight Parachute Nylon Garden Hammock, Two Persons Bed for Backpacking, Camping, Travel, Beach, Yard for $23.99 (list price $139.99)

LUXUR Casual Foldable Nylon Backpack Hiking Sport Durable Lightweight Hand Bag 33L for Men and Women Rose Red for $8.99 (list price $35.99)

Polar Bottle Insulated Water Bottle (24-Ounce) (Starburst) for $8.92 (list price $11.99)

KT TAPE PRO Kinesiology Sports Tape, 20 Precut 10in Strips, 100% Synthetic, Water Resistant, Breathable, Videos, Team USA Olympic Edition, Black for $9.99 (list price $14.99)

Polar H7 Bluetooth Heart Rate Sensor & Fitness Tracker (Black, Medium/XX-Large) for $41.12 (list price $58.49)

TaylorMade 2016 Tour Preferred Golf Balls (1 Dozen) for $24.99 (list price $39.00)

JOOLA Conversion Table Tennis Top with Foam Backing and Net Set for $308.39 (list price $374.99)

Homitt 2 Way Y Hose Connector, Garden Hose Splitter with Comfortable Rubberized Grip for Easy Garden Life for $11.99 (list price $29.99)

BLACK+DECKER LST300 12-Inch Lithium Trimmer / Edger, 20-volt for $55.30 (list price $64.99)

Caravan Sports Infinity Zero Gravity Chair, Beige for $36.23 (list price $79.99)

TOOLS

Schlage FE595 CAM 619 ACC Camelot Keypad Entry with Flex-Lock and Accent Levers, Satin Nickel for $87.73 (list price $109.67)

Etekcity 3 Pack Portable Outdoor LED Lantern with 9 AA Batteries - Camping Friendly (Black, Collapsible) for $17.99 (list price $50.99)

First Alert AF400-2 Tundra Fire Extinguisher Aerosol Spray Twin Pack for $22.49 (list price $28.92)

Maxcraft 60626 8-oz. Stubby Claw Hammer for $10.89 (list price $12.48)

Coleman Cable 02309 16/3 Vinyl Outdoor Extension Cord, Orange, 100-Feet for $22.92 (list price $26.30)

BLENDX 7mm to 19mm Ratchet Universal Sockets Metric Wrench Power Drill Adapter Set - Professional Repair Tools for $9.99 (list price $15.99)

First Alert SCO5CN Battery Operated Combination Carbon Monoxide/Smoke Alarm for $31.24 (list price $33.93)

URPOWER Tactical Flashlight Super Bright CREE LED Flashlight Zoomable Tactical Flashlight Rainproof Lighting Lamp Torch -with Rechargeable 18650 2800mAh Battery -For Cycling Hiking Camping Emergency for $10.99 (list price $39.99)

Custom Leathercraft 1100 Multi-Purpose Clip-on Zippered Poly Bags for $6.72 (list price $7.82)

Campbell Hausfeld 17-Piece Air Tool and Accessory Kit (MP284701AV) for $11.78 (list price $17.07)

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