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AMERICAN DAIRY QUEEN v. NEW LINE PRODUCTIONS

No. 98-CV-1923 (JMR/FLN).

35 F.Supp.2d 727 (1998)

AMERICAN DAIRY QUEEN CORPORATION v. NEW LINE PRODUCTIONS, INC.

United States District Court, D. Minnesota.

December 22, 1998.

Attorney(s) appearing for the Case

Laura Joan Hein, Troy Athneal Bader, Ann K. Bloodhart, Gray Plant Mooty Mooty & Bennett, Minneapolis, MN, for American Dairy Queen Corporation.

Kenneth A. Liebman, Matthew S. Luxton, Faegre & Benson, Minneapolis, MN, Glen A. Rothstein, Unknown, Saul D. Brenner, Kathryn A. Young, William Grantham, Rosenfeld Meyer & Susman, Beverly Hills, CA, for New Line Productions, Inc.

ORDER

ROSENBAUM, District Judge.

Plaintiff, American Dairy Queen Corporation ("ADQ"), seeks a preliminary injunction barring defendant, New Line Productions, Inc. ("New Line"), from using the name "Dairy Queens" as the title for one of its new movies. Both parties agree ADQ holds a valid trademark on "Dairy Queen," the name under which ADQ conducts the bulk of its retail sales. ADQ claims New Line's proposed title will infringe and dilute its valuable trademark...

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