Boston, MA. W.B. Mason Co., Inc., filed a federal lawsuit today arguing that it did not infringe any “Blizzard” trademark belonging to American Dairy Queen Corporation.
Based in Brockton, Massachusetts, W.B. Mason markets two products with the “Blizzard” name: spring water and copy paper. In the lawsuit, W.B. Mason is seeking a declaration that its sale and promotion of these products does not infringe and does not dilute any “Blizzard” marks owned by the defendant, Dairy Queen.
W.B. Mason, the second largest privately owned workplace products dealer in the U.S., first began using “Blizzard” in connection with paper products in 2003 and spring water in 2010. Despite being on the market since 2010, W.B. Mason is not aware of a single instance of customer confusion caused by its sale of “Blizzard” spring water.
Nixon Peabody’s legal team is led by senior counsel Deborah Thaxter and Jason Kravitz, partner and leader of the firm’s Intellectual Property Litigation practice, and includes intellectual property partner Gina McCreadie and intellectual property associate Leslie Hartford.