Medd v. BOYD WAGNER, INCORPORATED

KLOEB, District Judge.

This is an action to restrain the unauthorized use of the trade name “Dairy Queen” and of the trade phrase “The Cone with the Curl on Top”.

Plaintiffs seek to prevent defendants, in the absence of consent of plaintiffs, from using the trade name “Dairy Queen” and the trade phrase “The Cone with the Curl on Top” in the vending of soft frozen ice milk, and from representing to the public that they are part of the “Dairy Queen” organization in Ohio and elsewhere vending “Dairy Queen” ice milk. The theory of the complaint is that the plaintiffs were exclusive owners in the…