July 30, 2010
We’ve had a few calls come in regarding a lawsuit filed by Dairy Queen to protect this small piece of Southern heritage against Yogubliz. Dairy Queens used to be a major gathering places in small Texas towns. In fact, some of my family pictures from the early 1940’s are actually on the walls of the Dairy Queen in West, TX . My earliest memories I have with my grandparents involve our trips to the local Dairy Queen.
In the complaint, Dairy Queen calls the Blizzard its “most popular and well-known” menu item, claiming Blizzard sales of $750 million per year and over 1.5 billion served since 1985. Objectively, it could appear this is an overreaching move by Dairy Queen to protect its mark and product, however, Wade Gentz, a lawyer for Dairy Queen states:
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.
I’m not sure I completely agree, but growing up in the South I can relate to the passion around their products and the desire to protect them.
If you would like to follow this case, you can find the docket here from the U.S. District Court, Central District of California (No. 10-03677), and of course use either Docket Track or check back from time to time to see when this case will thaw.
As a summer treat, you can download the complaint here. Enjoy!