Wendy’s accuses convenience store chain of violating intellectual property

Fast food restaurant chain Wendy's is accusing an Ohio-based chain of convenience stores of violating its intellectual property by copying the name and packaging of its popular "Frosty" dessert.

In a lawsuit filed in Columbus, Ohio, Wendy's is seeking to stop United Dairy Farmers from selling its "Frosties" and "Frosty Malts" desserts and force the chain to destroy its packaging, according to a report on Intellectual Property Brief. Similar to a Wendy's Frosty, these products resemble a mix between a milkshake and soft-serve ice cream. In addition, they are packaged in a red and yellow color scheme, which Wendy's argues has long been associated with its own product.

"Frosty is one of our original trademark products, dating back to 1969," Wendy's spokesman Denny Lynch said in a statement. "We are taking the necessary steps to protect this iconic brand and to avoid the inevitable confusion by customers."

United Dairy Farmers has been selling Frosties and Frosty Malts in stores since 2005, according to the news source. Wendy's, however, claims that it has just learned of the products' existence. 

Despite the similarities between the desserts, the news source points out that there are some differences. A Wendy's Frosty is sold individually, while Frosties and Frosty Malts are packaged and sold in bulk. It is unclear how these details will factor into the case.

Businesses that sell similar products will sometimes find themselves in disputes over intellectual property. When that happens, it is important to consult with a Phoenix small business attorney in order to achieve a satisfactory dispute resolution.

Categorised in: Intellectual Property Law

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