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Wendy's sues Cincinnati's United Dairy Farmers over Frosty name

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Summer is supposed to be a time for enjoying ice cream, not fighting over it.

But on the hottest week of the year so far, one Ohio company is suing another over logo and trademark infringement involving a popular ice cream treat.

The Columbus Dispatch reports that Columbus-based Wendy's restaurants has filed suit against Cincinnati's United Dairy Farmers, because of UDF's use of the word "Frosty."

The suit claims that UDF's Homemade brand ice cream has been selling pre-packaged "Frosty" treats in its stores and supermarkets, copying both the name and the red and yellow color scheme from Wendy's.

The suit asks UDF to immediately stop selling its treats, and destroy all existing packaging.

Ironically, UDF has been selling these frozen Frosty treats for 8 years, according to the Dispatch, but Wendy's only learned of them recently.

Can anyone legally say "frosty?"

Wendy's does not own the word "frosty," but claims it has a trademark that prevents anyone else from making a frozen ice cream treat in a cup with that name.

UDF stores are not commenting on the lawsuit.  Wendy's calls the treats a "complete knockoff."

Whatever ice cream dessert you like, don't waste your money.

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