In a Sept. 3 decision, U.S. District Judge R. Gary Klausner denied the request for an injunction by International Dairy Queen Inc, to prohibit the company Yogubliz, Inc., from selling its Blizzberry and Blizz Frozen Yogurt products.
According to Reuters.com, Dairy Queen said customers could confuse the Yogubliz products with the iconic Blizzard. But Klausner concluded that Blizz and Blizzard "do sound alike," however, they are "relatively dissimilar."
Stephen Abraham, a lawyer for Yogubliz, said he was happy with the ruling, and that DQ didn't convince the court of irreparable and immediate injury.
Dairy Queen first asked for a freeze on the Blizzberry and Blizz in July, however Yogubliz filed a pre-emptive suit in May, saying the two products are distinct.
Dairy Queen’s Blizzard has sold more than 1.5 billion Blizzard treats since 1985, making the yearly revenue from Blizzards $750 million.
Yogubliz opened stores in 2009, and the company is based in Downey, Calif. The case is Yogubliz Inc v. American Dairy Queen Corp, U.S. District Court, Central District of California, No. 10-03677.
