Who would confuse W.B. Mason's Blizzard brands of spring water and copier paper with Dairy Queen's Blizzard brand ice-cream? Who but a moron, W.B. Mason argues in a suit filed against Dairy Queen this week.
W.B. Mason's suit, filed in US District Court in Boston, is an attempt to block the trademark suit Dairy Queen filed in Minnesota earlier in the week, and asks a judge to declare there is no way anybody would ever confuse its bottled water or copier paper with Dairy Queen's blended soft-serve ice cream in a cup.
Dairy Queen's suit specifically mentions only W.B. Mason's bottled water, and only seeks damages related to the sale of the water, which it charges could confuse people into thinking Dairy Queen has something to do with the liquid, which, like its ice cream, is a consumable product. But W.B. Mason's suit thunders that Dairy Queen is trying to stamp out its Blizzard-brand copy paper as well - despite the fact that Dairy Queen does not even mention that product in its suit:
While W.B. Mason first began using the BLIZZARD mark in connection with paper products in 2003 and spring water in 2010, W.B. Mason is not aware of a single person who has ever been confused by its use of BLIZZARD. Indeed, no reasonable person would ever mistakenly believe that copy paper or spring water sold by W.B. Mason and emblazoned with
the W.B. MASON mark and logo emanates from, or is associated with, [American Dairy Queen]. Similarly, W.B. Mason’s use of BLIZZARD on copy paper or spring water that is sold and marketed under the W.B. MASON mark and logo has caused, and will cause, no dilution of ADQ’s BLIZZARD
W.B. Mason also charges that Dairy Queen did a bit of conniving - the two sides had been negotiating a possible settlement when all of a sudden, Dairy Queen up and filed a lawsuit, the company alleges - and besides, a lot of companies use "Blizzard" in product names.
Dairy Queen, based in Minnesota, filed suit there in part because W.B. Mason has at least one store in that state and because Minnesota residents can buy things through the W.B. Mason Web site. W.B. Mason, based in Brockton, filed suit here in part because there are a number of Dairy Queens in Massachusetts.