Wendy’s International Inc. has filed a trademark suit against the United Dairy Farmers, Inc. in the Southern District in connection with its FROSTY trademark. In the lawsuit, Wendy’s alleges that, “In an effort to exploit and improperly trade upon the famous Frosty brand, [United Dairy Farmers] has deliberately and unlawfully appropriated plaintiffs’ intellectual property rights through its sale of dairy dessert products under the marks ‘Frosties’ and ‘Frosty Malts,’ some of which also use a confusingly similar red and yellow packaging trade dress to that used by plaintiffs.”
Wendy’s does not appear to have a federal registration for its FROSTY trademark and its first-alleged claims are for trademark dilution with the subsequent clams for infringement and unfair competition. Dilution claims are most often used to protect famous marks against non-competing or unrelated products.
Please the Complaint here.