Dairy Queen Is Suing This Company Over the Name "Blizzard"
The parent company of the fast-food and ice cream chain Dairy Queen is taking office supply company W.B. Mason to court over the name of its bottled water.
According to the Star Tribune, W.B. Mason's Blizzard Spring Water is unfair competition to Dairy Queen's signature Blizzard item and infringes on the chain's trademark of the name. The lawsuit asks that the bottled water be removed from store shelves and all its related marketing materials be destroyed. Additionally, the company is seeking damages that include profits from the sales of the water.
However, W.B. Mason has asked for the lawsuit to be dismissed, claiming that no likelihood of confusion between the products exists. The company said that it has been producing its Blizzard bottled water since 2010 but Dairy Queen only became aware of it after W.B. Mason filed its own trademark application in 2017. Furthermore, attorneys for the company claim that Dairy Queen has not been able to show a single instance of actual confusion between the products after 188 million sales.
Dairy Queen has held the Blizzard trademark since 1946. The proprietary blend of soft-serve ice cream, flavorings, nuts, and candies is sold at every Dairy Queen location and is the most recognizable product for the brand.
The trial is expected to run through Thursday and continue in November in St. Paul.
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