Dive Summary:
- Wendy’s isn’t happy about a Cincinnati, Ohio-based company selling dairy dessert products with the names “Frosties” and “Frosty Malts.”
- Wendy’s popular Frosty diary dessert is 44-years old and the company is seeking monetary damages and injunctive relief from what it says is trademark infringement by United Diary Farmers.
- Dave Thomas founded Wendy’s in 1969. Today, there are 5,800 Wendy’s locations in the U.S.
From the article:
Wendy's claims Cincinnati, Ohio-based United Dairy Farmers (UDF) "has deliberately and unlawfully appropriated" its intellectual property rights by selling its dairy dessert products under the marks "Frosties" and "Frosty Malts." Some of the products also contain a red and yellow packaging trade dress that is "confusingly similar" to the Wendy's packaging, the complaint alleges.
