W.B. Mason Co. can’t immediately appeal the denial of its motion to dismiss a trademark case brought against it by American Dairy Queen Corp., the District of Minnesota said April 22.
The denial didn’t create an exceptional situation that would justify an immediate appeal, even though there were conflicting opinions in other courts about the jurisdiction question at issue, the court said.
Dairy Queen sued office supplier W.B. Mason for trademark infringement, arguing Mason infringed its “Blizzard” dessert trademark by selling Blizzard-branded spring water. The District of Minnesota denied Mason’s motion to dismiss for lack of personal jurisdiction.