DQ sues W.b. Mason over use of ‘blizzard’

Dairy Queen and W.B. Mason — two companies with seemingly nothing in common — have locked horns in two different federal courts over the use of the word “Blizzard.”

Dairy Queen, an ice cream giant, has sued the office supply company for allegedly infringing its “Blizzard” trademark. Dairy Queen is known for its Blizzard soft-serve ice cream dessert, while Brockton-based W.B. Mason has emblazoned the term on printer paper and bottled water.

“W.B. Mason’s actions constitute unfair competition and false designation of origin under the common law of Minnesota and all states, and have caused and are likely to cause injury to the public, and have caused and are likely to cause Dairy Queen to suffer irreparable injury,” attorneys for Dairy Queen wrote in a lawsuit filed Monday in Minnesota.

W.B. Mason struck back, and on Thursday filed suit in Boston’s federal court, asking a judge to declare that its Blizzard products don’t infringe on Dairy Queen’s trademark.

“Indeed, no reasonable person would ever mistakenly believe that copy paper or spring water sold by W.B. Mason and emblazoned with the W.B. MASON mark and logo emanates from, or is associated with (Dairy Queen),” attorneys for W.B. Mason wrote.

Jason Kravitz, an attorney for W.B. Mason, said Dairy Queen sued while the two sides were in the middle of settlement discussions.

“This lawsuit is a response to that,” he said. “We obviously don’t think we’re in the wrong, at all. These are fundamentally different business lines — fundamentally different channels of trade. We don’t think any reasonable person is ever going to confuse a bottle of water with W.B. Mason on the label and a Dairy Queen frozen dessert.”

Attorneys for Dairy Queen did not respond to multiple requests for comment.