Skip to main content

Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About
Trending Topics
    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Entertainment & Media
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor, Employment, and Benefits
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations
    Industries

    View All

    • Aviation
    • Cannabis
    • Consumer
    • Energy
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Nonprofit Organizations
    • Real Estate
    • Sports & Stadiums
    • Technology
    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Environmental, Social, and Governance (ESG)

      We help clients create positive return on investments in people, products, and the planet.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    • Women in Dealmaking

      We provide strategic counsel on complex corporate transactions and unite dynamic women in the dealmaking arena.

    1. Home
    2. Who We Are
    3. Media
    4. W.B. Mason wins federal lawsuit against Dairy Queen, can continue using BLIZZARD name

      Media

    W.B. Mason wins federal lawsuit against Dairy Queen, can continue using BLIZZARD name

    June 21, 2022

    LinkedInX (Twitter)EmailCopy URL

    Contact

    Nicholas Braude

    Director of Media Relations

    • Office +1 617.345.1063
    • nbraude@nixonpeabody.com

    DOWNLOAD

    PDF: WB Mason wins federal trademark case

    Boston, MA. In a decision that marks a complete win for W.B. Mason Co., a federal judge sided with the business products company and found it had not violated American Dairy Queen’s (ADQ) trademark rights, or otherwise harmed ADQ, by using the BLIZZARD name on its private-label spring water.

    In an order released for publication on June 17, 2022, Judge Susan Richard Nelson of the U.S. District Court for the District of Minnesota ruled that American Dairy Queen Corp. “failed to prove, by a preponderance of the evidence, all of the elements of its claims for trademark infringement, trademark dilution, and unfair competition by false designation of origin, as well as common law unfair competition and deceptive trade practices claims under Minnesota law.”

    ADQ sued W.B. Mason in 2018 over the use of the BLIZZARD name, which ADQ uses for a line of frozen treats, alleging that W.B. Mason intentionally or recklessly copied ADQ’s BLIZZARD brand to benefit W.B. Mason’s private-label spring water product. ADQ further alleged that W.B. Mason’s use of BLIZZARD on spring water was likely to cause marketplace confusion and dilute ADQ’s brand. Judge Nelson’s decision comes after a fall 2021 trial, which was conducted in St. Paul, Minnesota, under strict Covid-19 protocols. In a comprehensive 220-page decision, the court disagreed with ADQ and found in favor of W.B. Mason on all five counts asserted in ADQ’s complaint.

    During the trial, the court also dismissed ADQ’s demand for a $25 million monetary award, finding that the evidence ADQ presented at trial failed to support any such relief and that there was no evidence suggesting W.B. Mason sought to derive any benefit from the fact that ADQ also used BLIZZARD as a trademark.

    “This is a supremely satisfying and hard-fought win for W.B. Mason, and it’s a credit to the fortitude our client displayed throughout this lengthy process,” said Jason Kravitz, a Nixon Peabody Intellectual Property partner who led the trial team. “W.B. Mason has been using BLIZZARD for more than 10 years in connection with its private-label spring water—yet ADQ couldn’t find a single person who had ever been confused. We believed ADQ’s case was extraordinarily weak, so it’s gratifying to know that W.B. Mason can keep using BLIZZARD.”

    “I’m very pleased with the court’s decision because it confirms that we did nothing that harmed American Dairy Queen or its brand in any way,” said Leo Meehan, W.B. Mason’s President and CEO, who also testified at the trial.

    In addition to Mr. Kravitz, the Nixon Peabody trial team consisted of Gina McCreadie and Melanie Dempster.

    Practices

    Intellectual PropertyLitigation

    Professionals in the Practice Area

    View All
    • Seth D. Levy

      Partner / Leader, Intellectual Property Practice
      • Los Angeles
      • Office:+1 213.629.6161
      • slevy@nixonpeabody.com
      Seth D. Levy
    • Daniel J. Schwartz

      Partner / Deputy Leader, Intellectual Property Practice
      • Chicago
      • Office:+1 312.977.4432
      • djschwartz@nixonpeabody.com
      Daniel J. Schwartz
    • Erica J. Van Loon

      Partner / Team Leader, Copyright, Trademark, & Media Litigation
      • Los Angeles
      • Office:+1 213.629.6031
      • evanloon@nixonpeabody.com
      Erica J. Van Loon
    • Janet M. Garetto

      Partner / Co-Lead, Food, Beverage, & Agribusiness IP Team
      • Chicago
      • Office:+1 312.425.8514
      • jgaretto@nixonpeabody.com
      Janet M. Garetto
    • Sasha G. Rao

      Partner
      • San Francisco
      • Office:+1 415.984.8345
      • srao@nixonpeabody.com
      Sasha G. Rao
    View All

    Insights And Happenings

    • Press Release

      Nixon Peabody and its IP attorneys recognized as industry leaders by IAM Patent 1000

      July 26, 2022
    • Press Release

      Nixon Peabody attorneys named 2022 “IP Stars” by Managing Intellectual Property

      July 18, 2022
    • Press Release

      Nixon Peabody attorneys, practices recognized by Chambers USA

      June 1, 2022

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • Cookie Preferences
    • Privacy Policy
    • Terms of Use
    • Accessibility Statement
    • Statement of Client Rights
    • Purchase Order Terms & Conditions
    • Nixon Peabody International LLC
    • PAL
    © 2025 Nixon Peabody. All rights reserved