A lawsuit filed against United Dairy Farmers says its Frosty Malts infringe on the Wendy's Frosty trademark. / Provid
Fast food chain Wendy’s is suing United Dairy Farmers Inc. over how the Norwood-based dairy production and retail company markets its Frosty Malt products.
Wendy’s claim UDF’s “Frosty Malt” desserts sold in grocery stores have a similar appearance and packaging to Wendy’s product and could confuse consumers.
UDF has yet to file a formal response to the lawsuit.
Dublin, Ohio-based Wendy’s said it began selling the Frosty dessert, a cross between the a milkshake and soft-serve ice cream, as early as 1969, according to a lawsuit filed June 18 in U.S. District Court in Columbus. Wendy’s said it is suffering monetary damage as a result of the infringement and is seeking a jury trial.
The company wants UDF to change its packaging and product marketing, UDF’s profits from selling the product, damages and court costs and attorneys fees.
Wendy’s claim UDF’s “Frosty Malt” desserts sold in grocery stores have a similar appearance and packaging to Wendy’s product and could confuse consumers.
UDF has yet to file a formal response to the lawsuit.
Dublin, Ohio-based Wendy’s said it began selling the Frosty dessert, a cross between the a milkshake and soft-serve ice cream, as early as 1969, according to a lawsuit filed June 18 in U.S. District Court in Columbus. Wendy’s said it is suffering monetary damage as a result of the infringement and is seeking a jury trial.
The company wants UDF to change its packaging and product marketing, UDF’s profits from selling the product, damages and court costs and attorneys fees.
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