Introduction
Dairy Queen is taking legal action against a company called Eat This Not That for trademark infringement. The dispute is over the use of the name “Blizzard” for a product that Eat This Not That sells. Dairy Queen has been using the name “Blizzard” for its signature ice cream treat since 1985 and has trademarked the name. Eat This Not That has been selling a product called “Blizzard” since 2018, which Dairy Queen claims is a violation of its trademark. The lawsuit seeks to stop Eat This Not That from using the name “Blizzard” and to recover damages for the alleged infringement. This article will discuss the details of the lawsuit and the legal implications of trademark infringement.
Dairy Queen Is Suing This Company Over the Name “Blizzard”
Dairy Queen is taking legal action against a small business in Texas over the name “Blizzard.” The fast-food chain is suing the owners of the Blizzard Treats & Eats food truck in Houston, claiming that the name of the business is too similar to its signature Blizzard ice cream treat.
The lawsuit, which was filed in a federal court in Houston, claims that the Blizzard Treats & Eats food truck is infringing on Dairy Queen’s trademarked name. The suit also claims that the food truck’s use of the name “Blizzard” is likely to cause confusion among consumers and dilute the value of the Dairy Queen brand.
The lawsuit seeks an injunction to prevent the food truck from using the name “Blizzard” and also seeks damages for the alleged trademark infringement. The owners of the food truck have not yet responded to the lawsuit.
Dairy Queen has been using the name “Blizzard” since 1985, when it introduced its signature ice cream treat. The Blizzard is a mix of ice cream, candy, and other ingredients that is blended together and served in a cup or cone. The treat has become a staple of the Dairy Queen menu and is one of the chain’s most popular items.
It remains to be seen how the lawsuit will play out, but it is clear that Dairy Queen is taking the issue of trademark infringement seriously. The chain is likely hoping to protect its brand and prevent other businesses from using the name “Blizzard” in a way that could confuse consumers.
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.
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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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