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.

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Michele

Some companies would rather go out of business than go down on their prices , and give low income people a break!

July 31 2010 at 4:12 AM Report abuse rate up rate down Reply
Michele

We are on Social Security and due to the high prices everywhere, we can't afford to eat out, or buy gas for short trips. This bad economy sure makes it hard on senior citizens. Wish we had President Clinton back !

July 31 2010 at 4:09 AM Report abuse -2 rate up rate down Reply
jaluty

Cat I'm a SR and it's time YOU faced reality! We are not the only people in the country impacted by a lousy economy and we are not entitled to anything more than any other taxpaying American! Every special interest group out there thinks they are special and should get more. No, everyone of us should be willing to take our fair share of the headache, not just the handouts! If that means I have to tighten my belt, then so be it! I'm trying to be part of the solution, not part of the problem!

July 31 2010 at 2:32 AM Report abuse +1 rate up rate down Reply
jaluty

Enough wtih allowing these companies to lay claim to "words". MCDonalds seems to think they have MCrights to Mc...the scottish have an entirely differnt opinion I assure you! Now DQ and "Blizzard" well weather forecasters also have a different take on that! This is corporate ignorance and nothing less! Fast food should not be allowed to own our language!

July 31 2010 at 2:26 AM Report abuse +1 rate up rate down Reply
1 reply to jaluty's comment
themood2

In a small tiny you are right dummy BUT what you don't know about Trademark LAW is: when a name becomes "Famous Name" in a particular industry like "Blizzard" and Ice cream, or Mc-Anything and Food it becomes areas of confusion and the TM owners have the right to protect those brands--get it?

July 31 2010 at 6:32 AM Report abuse rate up rate down Reply
Kelly

Give customers some credit for having brains! I hope the judge kicks this one out of court. If a person can't tell the two products apart...oh, well!

July 31 2010 at 1:50 AM Report abuse rate up rate down Reply
qurkyzvytz

Hmmmmmm.....Upstart Blizz Frozen Yogurt versus Berkshire Hathaway! Sounds like David and Goliath to me...!!!

July 30 2010 at 11:44 PM Report abuse +1 rate up rate down Reply
moon9791

Mcd's has been shrinking their products for years............but not their prices. Milk prices have gone sky high so where do you think DQ mix comes from yep the same dairies. Gas prices really?????????????? But people still buy gas. Everything goes up around us everyday. So it is not just DQ!!!!!!!!!!!!!

July 30 2010 at 10:44 PM Report abuse -1 rate up rate down Reply
1 reply to moon9791's comment
Cat

Moon, I hate to argue with you, but you are wrong, wrong, wrong. Our President has decreed that seniors on social security will not only NOT get a COLA this, year but they will not get one next year, either.
His reasoned, stated argument declares that there is no inflation this year (2010) and there will be no inflation next year either. Ergo, no raise for the old folks trying to make ends meet in this economy of his making.
As a representative of a small group of seniors, I just wanted to say thank you, Mr. President, you have made my day.
The fact that manufacturers are selling their products in much smaller quantities and weights does not apparently strike you as a definite form of inflation. Well, I hope your senior relatives are surviving well.

July 31 2010 at 12:52 AM Report abuse -1 rate up rate down Reply
bob9private

Wonderful DQ who just raised prices for seniors by 10% on a cone.

July 30 2010 at 10:37 PM Report abuse -1 rate up rate down Reply
1 reply to bob9private's comment
jaluty

Whaaaaaaaa!

July 31 2010 at 2:34 AM Report abuse rate up rate down Reply
penmancll

DQ's got it right here. I'd never heard of this frozen yogurt before and had I heard of it first in another context I could easily have taken it for a DQ subsidiary. The fact one's yogurt and the other's soft-serve is third or fourth impression territory at the least. The yogurt guys will have to go back to the drawing board for an identity.

July 30 2010 at 9:52 PM Report abuse +2 rate up rate down Reply
1 reply to penmancll's comment
Ricky

Did you read the name of the company?

July 31 2010 at 1:25 AM Report abuse rate up rate down Reply
MyPenny

I also used to love the chocolate eclairs the Good Humor man sold out of his little truck, with the little door and the jingley bells and he would come out with his little cap on and we'd all go crazy. Brown Bonnets from Carvel and cartons of Dolly Madison Ice Cream with the peanut cartoon characters on the box.

July 30 2010 at 9:43 PM Report abuse rate up rate down Reply