(BRK.A), (BRK.B)
Berkshire Hathaway’s Dairy Queen has sued office products dealer W.B. Mason over its use of the word “Blizzard.”
Dairy Queen’s Blizzard is a popular frozen confection that the quick service restaurant chain has been selling since 1985.
“W.B. Mason’s actions constitute unfair competition and false designation of origin under the common law of Minnesota and all states, and have caused and are likely to cause injury to the public, and have caused and are likely to cause Dairy Queen to suffer irreparable injury,” Dairy Queen alleged in a lawsuit filed Monday in its home state of Minnesota.
In response, W.B. Mason went to court to file a lawsuit in its home state of Massachusetts.
“Indeed, no reasonable person would ever mistakenly believe that copy paper or spring water sold by W.B. Mason and emblazoned with the W.B. MASON mark and logo emanates from, or is associated with (Dairy Queen),” attorneys for W.B. Mason maintained in their filing.
While winter may be officially over on March 21, there is no telling how long this storm will go on.
However, the two companies were reportedly in negotiation on a settlement before the lawsuits, so a spring thaw may be close at hand.
© 2018 David Mazor
Disclosure: David Mazor is a freelance writer focusing on Berkshire Hathaway. The author is long in Berkshire Hathaway, and this article is not a recommendation on whether to buy or sell the stock. The information contained in this article should not be construed as personalized or individualized investment advice. Past performance is no guarantee of future results.