3
Apr/03

Fifth Circuit Cold To ICEE Dilution Claim (that was predictable)


The ICEE mark is owned by an entity itself owned by several of the ICEE product regional distributors, including plaintiff ICEE Distributors and defendant J&J Snack.  J&J began selling ICEE frozen tubes in Plaintiff’s territory.  Plaintiff received an injunction on both breach of contract and trademark dilution grounds.  The Fifth Circuit affirmed the injunction on the contract grounds, however it held that Plaintiff had no standing to bring the dilution claim, as it was an exclusive licensee and not the trademark owner.  For the decision, click here and use ICEE as a search term.

Comments are closed.