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(Yahoo)   Dairy Queen crafts a legal war over the Blizzard name   (yahoo.com) divider line
    More: Silly, Soft serve, Ice cream, ice cream chain Dairy Queen, Tea, parent company of the fast-food, Dairy Queen, office supply company W.B. Mason, Iced tea  
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1079 clicks; posted to Business » on 22 Oct 2021 at 6:55 AM (6 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



34 Comments     (+0 »)
View Voting Results: Smartest and Funniest
 
2021-10-22 6:01:06 AM  
So how can Blizzard (entertainment) use that word?  Also, isn't blizzard a common word, and can't be trade marked?
 
2021-10-22 7:12:00 AM  
A trademark only applies in the area in which the product exists. The whole point is that it stops competitors from using the name and leeching off of any positive reputation you've built for your brand. If I launched Blizzard Games, LLC, I would get insta-sued, but if I launched Blizzard Air Conditioning Services, it'd be fine (assuming there isn't already a company like that).

No one is going to confuse a brand of bottled water - especially one that's only sold in office stores - with a brand of ice cream. The DQ suit should get well... DQed.
 
2021-10-22 7:33:53 AM  
I was really hoping this was a "sharks circling sinking Activision" thing.
 
2021-10-22 7:47:07 AM  
Meanwhile DQ sells Dasani™ in their restaurants.
 
2021-10-22 7:53:56 AM  
I side with DQ here. They're both something you drink.
 
2021-10-22 7:55:57 AM  
Anyone remember Liz Blizz?
It was kinda nasty!

Fark user imageView Full Size
 
2021-10-22 8:01:44 AM  

Merltech: So how can Blizzard (entertainment) use that word?  Also, isn't blizzard a common word, and can't be trade marked?


"Windows" says "hi".
 
2021-10-22 8:37:12 AM  
Sounds like somebody put a lawyer in charge of things.  You never let a lawyer be in charge of things.
 
2021-10-22 8:39:15 AM  
Sounds like DQ is claiming that consumers might mistake a bottle of water with one of their frozen treats. That doesn't show a lot of confidence in their products.
 
2021-10-22 8:47:39 AM  

Marcos P: Anyone remember Liz Blizz?
It was kinda nasty!

[Fark user image image 247x750]


That lizard must have a huge schlong.
 
2021-10-22 9:26:43 AM  

Merltech: So how can Blizzard (entertainment) use that word?  Also, isn't blizzard a common word, and can't be trade marked?


I always thought Snow,inc owned blizzard
 
2021-10-22 9:27:45 AM  

Marcos P: Anyone remember Liz Blizz?
It was kinda nasty!

[Fark user image image 247x750]


Liz Wizz??
 
2021-10-22 9:28:32 AM  

Tyrone Slothrop: Merltech: So how can Blizzard (entertainment) use that word?  Also, isn't blizzard a common word, and can't be trade marked?

"Windows" says "hi".


You forgot that MS is Special
 
2021-10-22 9:29:06 AM  

Marcus Aurelius: Sounds like somebody put a lawyer in charge of things.  You never let a lawyer be in charge of things.


Except Grooms of the Stool
 
2021-10-22 9:32:15 AM  
Fark user imageView Full Size
 
2021-10-22 9:37:10 AM  
Fark user imageView Full Size
 
2021-10-22 10:50:30 AM  
Fark user imageView Full Size


/Fun fact: My first search terms while looking for this were "used blizzard" (without quotes) and all the results were for used pairs of a certain brand of skis.
//That means that there's yet another thing out there named "Blizzard" that DQ is ignoring.
 
2021-10-22 11:19:00 AM  
Reminds me of an apocryphal* tale from the early days of PCs.

Back then, there was a big chain called 'ComputerLand'.  Along comes another chain, 'BusinessLand'.  ComputerLand sues BusinessLand.

First day in court.  Corporate representatives are there, lawyers are there with their mountains of paperwork, ComputerLand corporate rep is bristling to get the fight started.

Judge looks them over and says, "All right, we're about to begin this.  I see that everyone is here and you both seem to be ready.  But before we begin the opening statements..."  <he looks at the head ComputerLand attorney> ... "tell me this:  Who are you going after next, DisneyLand?"

With that, the ComputerLand attorney sits down, starts gathering up his papers and putting them back into his briefcase.  The corporate rep looks at him, astounded.

"What are you doing?  We're just about to get started!"

"Son," says the lawyer, "I'm not going to waste any more of your time or your money.  Can't you see that this is already over?"

Good luck with all the meteorologists around the country, DQ.

* - Obviously an 'Aesop's Fable' type of story.  No attorney-at-law would pass up a chance for billable hours, I know.  But still amusing and illustrative.
 
2021-10-22 11:26:26 AM  
a: What happens when lawyers have an obligation to defend a trademark actively, even if the cause is pants-on-head ridiculous on the surface...
 
2021-10-22 11:39:30 AM  

trerro: A trademark only applies in the area in which the product exists. The whole point is that it stops competitors from using the name and leeching off of any positive reputation you've built for your brand. If I launched Blizzard Games, LLC, I would get insta-sued, but if I launched Blizzard Air Conditioning Services, it'd be fine (assuming there isn't already a company like that).

No one is going to confuse a brand of bottled water - especially one that's only sold in office stores - with a brand of ice cream. The DQ suit should get well... DQed.


DQ is probably claiming that their trademark covers the use of "Blizzard" for food and beverage uses, and bottled water is a beverage. I'm somewhat surprised this has gone to trial, I'd have expected a settlement where the water company withdrew their trademark application but was allowed to continue using the name.

Also: Blizzard Heating and Air Conditioning :-)
 
2021-10-22 11:50:09 AM  
Garrosh Hellscream wanted for questioning?
 
2021-10-22 11:55:46 AM  

Somaticasual: a: What happens when lawyers have an obligation to defend a trademark actively, even if the cause is pants-on-head ridiculous on the surface...


True. Although usually they send out a cease and desist order, then don't actually enforce it.
 
2021-10-22 11:57:54 AM  

Marcos P: Anyone remember Liz Blizz?
It was kinda nasty!

[Fark user image image 247x750]


Yeah if you drank it by itself

If you mix it with Bacardi 151 it comes out juuuuust riiiiight
 
2021-10-22 12:00:04 PM  

LaChanz: I side with DQ here. They're both something you drink.


Ok, I really, really want to go to Dairy Queen with you.  Or maybe I really, really don't.
 
Juc
2021-10-22 12:18:07 PM  
Sure a lot of blizzard lawsuits recently eh?
 
2021-10-22 12:32:26 PM  

LaChanz: I side with DQ here. They're both something you drink.


I guess you could drink a DQ blizzard... after it melted.

If it was served drinkable, they wouldn't be able to turn it upside down.
 
2021-10-22 12:52:40 PM  
Culver's Concrete Mixers > DQ Blizzard. Change my mind.
 
BBH
2021-10-22 1:20:30 PM  
Bayer tried to trademark "aspirin", they were denied the trademark since it was a common name for the product they created.
 
2021-10-22 1:22:52 PM  

Merltech: So how can Blizzard (entertainment) use that word?  Also, isn't blizzard a common word, and can't be trade marked?


If you can't tell the difference between World of Warcraft and a softice, you sound like some of the people from my guild.

Why don't you think common words can't be trademarked? Of course they can, like, really, are you kidding?
 
2021-10-22 1:25:36 PM  

trerro: A trademark only applies in the area in which the product exists. The whole point is that it stops competitors from using the name and leeching off of any positive reputation you've built for your brand. If I launched Blizzard Games, LLC, I would get insta-sued, but if I launched Blizzard Air Conditioning Services, it'd be fine (assuming there isn't already a company like that).

No one is going to confuse a brand of bottled water - especially one that's only sold in office stores - with a brand of ice cream. The DQ suit should get well... DQed.


The problem comes if Dairy Queen some day wants to sell water, because, that's actually something that fits with their business model. And then we have the problem, or they could just choose not to call their water Blizzard, but I bet that's why they sued them, and not Blizzard the AC company, or Blizzard the toothpaste.
 
2021-10-22 1:26:54 PM  

Tyrone Slothrop: Merltech: So how can Blizzard (entertainment) use that word?  Also, isn't blizzard a common word, and can't be trade marked?

"Windows" says "hi".


He either wrote this using a Windows machine, or an Apple machine. But he was still confused.
 
2021-10-22 3:48:12 PM  
Here's a street view of one I never understood the limit of trademark on

Fark user imageView Full Size
 
2021-10-22 6:03:55 PM  

BBH: Bayer tried to trademark "aspirin", they were denied the trademark since it was a common name for the product they created.


If I remember correctly, they had the trademark, but lost it because they didn't protect it enough.

That's why DQ is trying to protect the blizzard trademark.
 
2021-10-22 9:25:48 PM  

McGrits: Marcos P: Anyone remember Liz Blizz?
It was kinda nasty!

[Fark user image image 247x750]

That lizard must have a huge schlong.


I mean, don't we all?
 
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