Tag: ice cream
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TTAB Refuses to Register “Scoop” for Ice Cream
The U.S. Trademark Trial and Appeal Board (TTAB) has affirmed the denial of Yarnell Ice Cream LLC’s application to register a trademark on a mascot named “Scoop.” In re Yarnell Ice Cream, LLC, No. 86824279 (TTAB, entered July 9, 2019). The examining attorney rejected the application, finding “scoop” to be merely descriptive, and the appeals…
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The Guardian Reports on Vanilla, Cream Content in U.K. Ice Cream
A U.K. television show has aired a report on the ingredients in locally available vanilla ice creams, finding that many products do not contain cream, fresh milk or vanilla. “One in five of the ice-creams examined by Which? contained none of the three ingredients shoppers might reasonably expect to find in vanilla ice-cream,” The Guardian reports.…
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Complaint Alleges Blizzard Coupon Was Bait-and-Switch
International Dairy Queen Inc. faces a potential class action alleging it violated consumer-protection laws with a “bait-and-switch” scheme by advertising a free Blizzard without verifying that all store locations would honor the coupon. Spencer v. Int’l Dairy Queen, Inc., No. 18-1252 (D. Ore., filed July 13, 2018). The complaint alleges that the plaintiffs viewed an…
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Halo Top Underfills Pints, Lawsuit Alleges
Two consumers have filed a putative class action alleging that Eden Creamery “underfills its ‘pints’ of ice cream”—“[d]ramatically so at times, and as a course of business.” Kamal v. Eden Creamery LLC, No. 18-1298 (S.D. Cal., filed June 15, 2018). The complaint alleges, “Purchasers of the premium-priced ice cream simply have no idea how much ice…
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Plaintiff Alleges Halo Top Ice Cream Labeling is Deceptive
A New York plaintiff alleges Halo Top ice cream is falsely and deceptively labeled because it does not prominently display the term “light” on its labels, purportedly misleading consumers into believing it is regular full-fat ice cream. Berger v. Eden Creamery, LLC, No. 18-2745 (E.D.N.Y., filed May 9, 2018). Among other allegations, the plaintiff asserts that…
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Dairy Queen Alleges “Blizzard” Water Infringes Trademarked Treats
American Dairy Queen Corp. has filed a lawsuit challenging W.B. Mason Co.’s application for a “Blizzard” trademark for its bottled water. Am. Dairy Queen Corp. v. W.B. Mason Co., Inc., No. 18-0693 (D. Minn., filed March 12, 2018). Dairy Queen alleges that it trademarked “Blizzard” for milkshakes in 1946 and has extended the mark to…
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Appeals Court Affirms Dismissal of Libel Claim Against TV Station for D’Lites Report
A New York state appellate court has affirmed a lower court’s ruling dismissing a lawsuit against a local Fox TV station that investigated and reported on the allegedly false health claims of D’Lites ice cream in two stores. Prince v. Fox Television Stations Inc., No. 107129/2011 (N.Y. App. Div., 1st Dept., order entered March 8,…