It's hot outside, but the ice cream business is preparing for a blizzard. A legal fight is taking shape as upstart Yogubliz' Blizz Frozen Yogurt faces a legal challenge from Dairy Queen, which asserts that the Blizz name is too close to Dairy Queen's own Blizzard dessert.
Dairy Queen -- now called DQ. -- is owned by Warren Buffet's Berkshire Hathaway (BRK.A). DQ said the similarity in the names creates confusion in the market, and the ice cream giant's trademarks are being damaged, according to a July 26 filing in U.S. District Court in California.
Dairy Queen asserts the growing Blizz chain will ""likely to cause confusion, mistake and deception among consumers." The filing requests that the court block Yogubliz from using the Blizz moniker. In an earlier filing, Yogubliz said the two brands are distinct. For one, Yogubliz is made from frozen yogurt.
Yogubliz owns outlets in California and Nevada. Calls to the Downey-Calif.-based company were referred to founder Tony Ravelo, who is on vacation.
Blizz Frozen Yogurt is said to be a favorite of actor Mark Wahlberg, who showed up at a store opening last year. Pop princess Britney Spears called Blizz her "latest obsession" on her Web site.
The Blizzard, which Dairy Queen launched in 1985, is a soft-serve frozen dairy product mixed with candy or other items. Omaha-Neb.-based Berkshire Hathaway purchased the Dairy Queen chain in 1998.