Judge Jennifer Walker Elrod of the 5th U.S. Circuit Court of Appeals issued a witty opinion in a legal frozen food fight over the classic New Orleans "sno-ball" of manufactured ice.

The lawsuit, filled with claims, counterclaims and overlapping jurisdiction, has been winding through the courts for years, with a trio of rivals battling over a range of issues, including allegations of trademark violations, patent infringement and sno-ball names, such as Snosweet, Mountain Maple and Orchid Cream Vanilla. The parties involved are SnoWizard Inc., Southern Snow Manufacturing and Snow Ingredients Inc.

"What began as a flurry of cease-and-desist letters between the companies has turned into a blizzard of patent, trademark, and antitrust litigation," Judge Jennifer Walker Elrod wrote for a three-judge panel. "Each party has attempted to freeze the other out of the sno-ball market."

Where the case goes next is unclear. SnoWizard attorney Jack Morris told sources that the company is happy with the decision and has no plans to appeal; Mark Andrews, an attorney for the Southern Snow clients, said they are evaluating the case.

Elroy makes clear in her opinion that it's time for the lawsuit to melt away. "The parties could have shaved down the overwhelming costs in time, expense, and scarce judicial resources that this litigation has consumed," Elrod wrote, "if they could have abandoned their unrelenting desire to crush the opposition."

—Source:  denverpost.com