system
Given the following post, respond as if you're commenting on Reddit:
human
[MCU] How difficult would it be for Ben and Jerry's to make an ice cream flavor of a public figure without their consent?

Banner/Hulk wasn't aware of Hulka Hulka Burning Fudge, and even if he had there's a decent chance he wouldn't have given consent to create the flavor. Can B&J create a flavor like that if the person they're referencing is alive, but isn't around to give consent? Could Banner sue them? Assume that the snap hasn't thrown the whole planet into chaos and that civil courts are still functioning.
gpt
Captain America was created by the US Government, and it doesn't seem like they trademarked the name. The Cap identity (not Steve Rogers, but the costume) is probably public domain.

Stark, on the other hand, is one of the most famous people on the planet, *super* into his own image and reputation, and able to summon a horde of lawyers that would make the Nazgul shit themselves in terror. There is absolutely no possibility that Ben & Jerry's would try to make an Iron Man themed flavor without Tony's express, written consent.

Hulka Hulka Burning Fudge is in more of a gray zone. "Hulk" is a generic word, except when it isn't. By marketing a fudge-based ice cream, instead of a green pistachio flavor, B&J could claim that they weren't referencing the giant green rage monster at all. And, even if they *did*, they could also argue that Hulk, not Banner, is the one with standing to sue. That could get tied up in the courts for years.

Of course, it's entirely possible that all of the Avengers signs over their publicity rights to Stark on page 427, Paragraph 42, Section A, Subsection III, Item iv of the Standard Avengers Employment Contract. We know from *Homecoming* that there is plenty of Avengers merchandise on the market, so someone must have either obtained the rights or decided that it was legal to just go ahead and do whatever they wanted.