Dairy Queen and W.B. Mason — two companies with seemingly nothing alike — have locked horns in just two different federal courts within the utilization of the word “Blizzard.”
Dairy Queen, an frozen goodies giant, has sued a cubicle supply company for allegedly infringing its “Blizzard” trademark. Dairy Queen is recognized for its Blizzard soft-serve frozen treats dessert, while Brockton-based W.B. Mason has emblazoned the phrase on printer paper and bottled water.
“W.B. Mason’s actions constitute unfair competition and false designation of origin under the common law of Minnesota and everything states, and get caused and are gonna cause problems for everyone, and now have caused and are prone to cause Dairy Queen to suffer irreparable injury,” attorneys for Dairy Queen wrote inside a lawsuit filed Monday in Minnesota.
W.B. Mason struck back, as well as on Thursday sued in Boston’s federal court, asking the court to are convinced that its Blizzard products don’t infringe on Dairy Queen’s trademark.
“Indeed, no reasonable person would ever mistakenly feel that copy paper or spring water sold by W.B. Mason and emblazoned while using the W.B. MASON mark and logo emanates from, can be associated with (Dairy Queen),” attorneys for W.B. Mason wrote.
Jason Kravitz, a legal professional for W.B. Mason, said Dairy Queen sued even though the two sides were during settlement discussions.
“This lawsuit may be a respond to that,” he said. “We obviously don’t think we’re while in the wrong, in the least. These are generally fundamentally different business lines — fundamentally different channels of trade. We don’t think any reasonable person is ever visiting confuse a bottle water with W.B. Mason for the label as well as a Dairy Queen frozen dessert.”
Attorneys for Dairy Queen failed to react to multiple requests for comment.