07/28/2010 // West Palm Beach, FL, USA // Tara Monks // Tara Monks
New York, NY – International Dairy Queen, Inc., the ice-cream company owned by Berkshire Hathaway Inc., has filed a lawsuit seeking to stop a southern California rival from selling a frozen yogurt with a similar name to Blizzard, DQ’s biggest-selling menu item, as reported by Reuters.
Yogubliz Inc. filed a lawsuit on May 17 seeking an order that would “eliminate any doubt” that its sale of Blizzberry and Blizz Frozen Yogurt products did not infringe on Dairy Queen trademarks, and would not confuse customers.
Yogubliz, of Downey, California, said it sued after receiving a letter from DQ lawyers threatening litigation if it did not surrender its “Blizzberry” trademark. The lawyers claimed the litigation would put the smaller company “out of business.”
Dairy Queen’s reciprocating 30-page lawsuit filed in Los Angeles federal court says Yogubliz is causing confusion with the Blizzard.
DQ claims the confusion could worsen if Yogubliz fulfills its goals to expand beyond California and Nevada.
Dairy Queen reported the Blizzard is the company’s best-known product, adding that the tasty treat generates $750 million a year in sales.
A lawyer for Dairy Queen wrote, “Dairy Queen is suffering, and will continue to suffer, irreparable harm…A preliminary injunction prohibiting the harmful conduct serves the public interest.
The hearing on the matter is scheduled for August 23.
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