Am. Dairy Queen Corp. v. W.B. Mason Co.[US DISTRICT COURT]
18/CV/693 [SRN/ECW]
DISTRICT OF MINNESOTA
US DISTRICT COURT
DATE OF DECISION:14.07.2022
The Plaintiff namely Dairy Queen Corporation filed the subject matter suit on the basis of its registered trademarks for its BLIZZARD® frozen treat. The Plaintiff sought the relief of inter alia infringement and passing off.
While the Defendant namely W.B. Mason Co., Inc., was also registered trademark for its Blizzard® copy paper. The field of activity of Defendant and the Plaintiff was off course not identical. Both of the parties were holding registration for same trademark in relation to different kind of services.
The Hon'ble US Court was pleased to decline to grant any relief to the Plaintiff on the ground that thought the Trademark of the Plaintiff enjoys distinctiveness , how ever the same was unable to prove that People associate Defendants Product with that of the Plaintiff.
As Defendant's Trademark was also distinctive to the product of the Defendant itself, there was least possibility of any confusion and deception.
The Court also observed after going through the evidence lead by the parties, that the Plaintiff has failed to prove any any loss or injury which was essential to succeed in an case of infringement and dilution of trademark. This was the reason, Plaintiff was not granted the relief of injunction as prayed for.
Ajay Amitabh Suman, IPR Advocate
Hon'ble High Court of Delhi
ajayamitabh7@gmail.com
9990389539
