Having worked four summers of hard labor at the soft serve machine, the word “blizzard” will forever be primarily associated with the blended Dairy Queen treat. But the people at DQ HQ are now worried that customers could be confused by similar-ish sounding desserts being sold by a California-based frozen yogurt shop. In a not-so-shocking twist, the dispute has ended up in court.
Earlier this year, Dairy Queen lawyers put down their Peanut Buster Parfaits long enough to crank out a legal letter advising the folks at Yogubliz Inc. to stop selling Blizzberry and Blizz Frozen Yogurt products.
In response, Yogubliz filed a lawsuit seeking an order that would “eliminate any doubt” that these products did not infringe any Dairy Queen trademark and was not likely to confuse customers.
Dairy Queen recently filed its response, arguing that the alleged trademark infringement could cause irreparable damage to DQ’s most popular product, which generates $750 million in sales a year, especially if Yogubliz continues its intended expansion outside its current California and Nevada locations.
Said a DQ legal eagle as he rushed to finish his Dilly Bar before it melted:
It is more than reasonable to conclude that when Yogubliz chose a term whose only significance is a shortened form of Blizzard, Yogubliz did so with every intention of trading on the fame and goodwill of Dairy Queen’s mark… Dairy Queen is suffering, and will continue to suffer, irreparable harm.
The Queen is looking for the court to issue a preliminary injunction “prohibiting the harmful conduct serves the public interest.”
Buffett’s Dairy Queen chilly on frozen yogurt lawsuit [NY Daily News]