Likelihood of Confusion Claim Creates a Flurry of Activity between American Dairy Queen and W.B. Mason

A new nor’easter is creating a flurry of activity between American Dairy Queen and W.B. Mason Co. in the U.S. District Court of Massachusetts and the U.S. District Court of Minnesota, as the ice cream company has sued W.B. Mason for trademark infringement over W.B. Mason’s sale of bottled water bearing the term “Blizzard.” W.B. Mason started selling water bearing the phrase in 2010 and filed trademark applications for “Blizzard” with the USPTO. In its complaint, Dairy Queen claims W.B. Mason’s use of the term “Blizzard” in conjunction with the sale of water will cause a “likelihood of confusion” and “irreparable injury.” W.B. Mason has countersued Dairy Queen, seeking a declaration that it did not infringe any of Dairy Queen’s trademarks. Even with the weather threatening to improve across the country, we forecast frosty conditions ahead for these litigants.


Click here for more about the story in The Boston Globe.