Dippin' Dots sues rival

Self-described "ice cream of the future" manufacturer Dippin' Dots Inc. is trying to preserve for posterity its trademark and trade secrets by attempting to thwart the sale of a rival product.

The Paducah, KY-based maker of flash-frozen, pellet-size ice cream products with 20 flavors ranging from banana split to blue bubble gum to tropical tie dye has filed lawsuits against competitor Frosty Bites in Atlanta, Dallas, Miami and Nashville to stop sales of the company's products, Associated Press reported.

Dippin' Dots' cryogenic technique is a patented process, company leaders maintain, but Deerfield, FL-based Frosty Bites claims it's competing lawfully and that its rival's patent isn't valid.

A U.S. magistrate met with Dippin' Dots lawyers in Nashville Sept. 13 in preparation for a trial against a former dealer of the company's products who currently is selling the Frosty Bites line, the news agency reported. Dippin' Dots alleges that the dealer went against a one-year, no-compete pact and has infringed on the company's trademark by utilizing a similar logo to sell Frosty Bites products.

Dippin' Dots was invented during the late 1980s and the privately held company now sells the dessert product via 650 sites, including malls, amusement and water parks, stadiums, fairs and festivals. The company's offerings also reportedly are enjoying increasing sales in foreign markets.

Edited by Gerry Clark