WB Mason Loses Appeal Bid In Dairy Queen 'Blizzard' TM Row

Law360 (April 22, 2019, 6:16 PM EDT) -- A Minnesota federal judge is refusing to let W.B. Mason file a quick appeal over where a trademark fight with Dairy Queen concerning their dueling "Blizzard" brands should be heard, ruling that allowing such a fast-track appeal would not "materially advance" the case.

U.S. District Judge Susan Richard Nelson said although W.B. Mason made "compelling arguments" that the case should be heard in Massachusetts rather than Minnesota, appellate review "would unfairly prejudice Dairy Queen's rights as a litigant." 

"The Eighth Circuit and Minnesota Supreme Court have both expressly addressed the at-issue question, albeit in a way that may be out of...

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