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According to a report by The Columbus Dispatch, Wendy's alleges that its famous Frosty dessert has been infringed upon by United Dairy Farmers' (UDF) "Frosties" and "Frosty Malts" -- chocolate and vanilla shakes available in its own conveniences stores, as well as in grocery stores since 2005.
Wendy's recently filed the lawsuit in Columbus, Ohio, asking the court to stop UDF's sales of its products and to require the company to destroy its packaging. It alleges that the use of the Frosty name and colors "infringes and dilutes" its trademark and concept.
"Frosty is one of our original trademark products, dating back to 1969," said Wendy's spokesman Denny Lynch. “We are taking the necessary steps to protect this iconic brand and to avoid the inevitable confusion by consumers."
Wendy’s seeks compensatory and punitive damages.
UDF President and CEO Brad Lindner declined to comment to the news outlet about the lawsuit.
Dublin, Ohio-based Wendy's is the world’s third-largest quick-service hamburger company. The Wendy’s system includes more than 6,500 franchise and company restaurants in the United States and 27 other countries and U.S. territories worldwide.
Headquartered in Cincinnati, United Dairy Farmers operates nearly 200 convenience stores located throughout Ohio, Kentucky and Indiana.