If you’ve been to Wendy’s enough times, you’ve probably tried a Frosty, the chain’s not-exactly-a-milkshake-but-not-quite-ice-cream dessert offering. The fast food giant is now suing an Ohio-based ice cream company over what it claims is a deliberate attempt to cash in on the Frosty name.
According to the Columbus Dispatch, Homemade brand ice cream has been selling a retail product called Frosties for about eight years. In a suit filed last week in a federal court in Ohio, Wendy’s called Frosties “a complete knock-off” of the Frosty, which was apparently one of the five original menu items at Wendy’s.
“Frosty is one of our original trademark products, dating back to 1969,” a rep for the company tells the Dispatch. “We are taking the necessary steps to protect this iconic brand and to avoid the inevitable confusion by consumers.”
The company takes issue not just with the use of the name Frosty, but also its yellow cup with red lettering, which it argues looks too much like Wendy’s cup.
Wendy’s is suing for damages and to stop the sale of the Frosties products. Additionally, it is asking for the makers of Frosties to destroy all of the existing packaging.