W.B. Mason Co., Inc. v. American Dairy Queen Corporation


Nixon Peabody represents W.B. Mason in “Blizzard” trademark infringement case against Dairy Queen

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.

W.B. Mason Co., Inc. engages in the distribution of office products in the United States. It offers office supplies, paper products, inks and toners, facilities maintenance products, break room and coffee room products, furniture, and school supplies, as well as food services appliances, equipment, disposables, consumables, and janitorial products.

Nixon Peabody’s legal team is led by senior counsel Deborah Thaxter (Picture) 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.

Involved fees earner: Gina McCreadie – Nixon Peabody LLP; Jason Kravitz – Nixon Peabody LLP; Leslie Hartford – Nixon Peabody LLP; Deborah Thaxter – Nixon Peabody LLP;

Law Firms: Nixon Peabody LLP;

Clients: W.B. Mason Co., Inc.;

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Author: Ambrogio Visconti