HomeUSA NewsBuffett's Dairy Queen Loses Lawsuit Over 'Blizzard' Title | High Information |...

Buffett’s Dairy Queen Loses Lawsuit Over ‘Blizzard’ Title | High Information | gadgetfee

(Reuters) – A federal decide dominated that Dairy Queen can’t cease W.B. Mason Co from promoting “Blizzard” bottled spring water, the identical title the unit of Warren Buffett’s Berkshire Hathaway Inc makes use of for a well-liked ice cream product.

In a 217-page resolution made public on Friday, U.S. District Decide Susan Richard Nelson discovered a scarcity of proof that buyers have been confused by the Blizzards or that W.B. Mason, an workplace merchandise distributor, supposed to confuse anybody.

Dairy Queen started utilizing the Blizzard title in 1946 and has 5 Blizzard emblems.

Whereas acknowledging that W.B. Mason, which has two emblems for Blizzard copy paper, was not a competitor, Dairy Queen stated customers may be confused as a result of its U.S. eating places promote bottled water.

However the decide stated the merchandise had “very totally different viewers enchantment,” and co-existed for 11 years regardless of proof that Dairy Queen’s Blizzard had achieved “iconic” standing, with U.S. gross sales reaching $1.1 billion in 2020.

“Dairy Queen launched no proof of an precise affiliation between the 2 merchandise,” Nelson wrote. “If affiliation have been to happen, in all probability, it might have occurred by now.”

The St. Paul, Minnesota-based decide dominated after a 12-day non-jury trial with 30 witnesses final fall. Her resolution is dated June 10 however was sealed for one week. The lawsuit started in March 2018.

In an announcement, Dairy Queen stated it was dissatisfied and reviewing whether or not to enchantment and would “vigorously implement our rights when crucial” to guard franchisees.

Jason Kravitz, a accomplice at Nixon Peabody representing W.B. Mason, in an announcement known as the choice “a supremely satisfying and hard-fought win.”

Dairy Queen’s Blizzard incorporates soft-serve ice cream that may be blended with fruit, nuts, M&Ms, Oreos and different mix-ins.

Berkshire purchased Bloomington, Minnesota-based Dairy Queen in 1998. W.B. Mason relies Brockton, Massachusetts.

The case is American Dairy Queen Corp v. W.B. Mason Co, U.S. District Courtroom, District of Minnesota, No. 18-00693.

(Reporting by Jonathan Stempel in New York; Modifying by Lisa Shumaker)

Copyright 2022 Thomson Reuters.

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