Consumerist reports that Dairy Queen, Inc. has taken Yogubliz, Inc. to court over the BLIZZARD trademark, which is Dairy Queen’s most popular item, consisting of a mix of soft serve ice cream, candy and cookie pieces, and other dessert toppings.

Yogubliz, a California frozen yogurt chain, features frozen yogurt beverages called BLIZZBERRY and BLIZZ FROZEN YOGURT PRODUCTS,  a frozen dessert similar to the BLIZZARD, except made from frozen yogurt instead of ice cream.
Dairy Queen asserts that the BLIZZBERY and BLIZZ are so close to BLIZZARD, that they constitute trademark infringement. They worry (and rightly so) that the confusion could worsen if Yogubliz expands beyond California and Nevada.

Dairy Queen’s lawyer said: “It is more than reasonable to conclude that when Yogubliz chose a term whose only significance is a shortened form of Blizzard, Yogubliz did so with every intention of trading on the fame and goodwill of Dairy Queen’s mark.”

A hearing is scheduled for August 23rd. We will stay tuned….

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