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FRASER - International Falls, Mn. asked Fraser to show its hand by filing a lawsuit against the town for the trademark, "Icebox of the Nation."
The lawsuit is in response to a lawsuit filed by Fraser against International Falls the first week of December.
"We're trying to resolve this. They filed the same on us now," said Town Manger Jeff Durbin. "We knew it was coming, so I'm not surprised."
The lawsuit basically asks for Fraser to prove it has used the trademark since 1956. Fraser asked International Falls to do the same.
Now, it's on.
"It's basically to show who has the better case to argue for the trademark," said Durbin. "It's going to involve some work pulling this stuff together, but the community felt this was important so we're following through."
Although Fraserites say their town has used the nickname since 1956, International Falls officials claim that there is proof the slogan has been used since 1948.
Both lawsuits ask the towns to show documents demonstrating their use of the trademark, which Fraserites say International Falls let lapse 11 years ago. Fraser, which came up with a new graphic last year to go along with its icy slogan, filed for a new trademark application in November for the whole package - slogan and graphic. If they lose the lawsuit, they'll have to give it all up.
Durbin hopes both towns can come up with a solution.
"It'll depend on what we have, and how strong each party's argument really is," he said.
International Falls passed a resolution early last year calling for Fraser to step off its "pretended claim" of being the nation's "Icebox," according to an article printed in the Sky Hi Newspaper. Fraserites "refused to budge." In good fun, the board of trustees sent a parcel of booby prizes to International Falls with Fraser "Icebox of the Nation" T-shirts for its city council members and one two-foot-tall plastic penguin, which has become the Fraser's unofficial mascot.
The parcel was returned, unopened.
Mayor of Fraser Fran Cook did receive a snowshoe challenge from the Minnesota mayor, however, and Fraser officials issued an invitation to a snowball fight.
But now, the "fun" is over; the trademark has become a legal matter, and has traded snowballs for piles of papers, and lawyers.
Durbin believes it'll be late February or early March before the town knows where this will end up, he said. It takes time and patience, he added, but he hopes both communities can be friends in the end.
"We'll see what they have, they'll see what we have. And hopefully then we'll talk abut coming to a settlement on how we can work this out to benefit both communities," Durbin said. "That's my hope. But if we can't, we'll do what we need to do, because our primary focus is Fraser."
The lawsuit is in response to a lawsuit filed by Fraser against International Falls the first week of December.
"We're trying to resolve this. They filed the same on us now," said Town Manger Jeff Durbin. "We knew it was coming, so I'm not surprised."
The lawsuit basically asks for Fraser to prove it has used the trademark since 1956. Fraser asked International Falls to do the same.
Now, it's on.
"It's basically to show who has the better case to argue for the trademark," said Durbin. "It's going to involve some work pulling this stuff together, but the community felt this was important so we're following through."
Although Fraserites say their town has used the nickname since 1956, International Falls officials claim that there is proof the slogan has been used since 1948.
Both lawsuits ask the towns to show documents demonstrating their use of the trademark, which Fraserites say International Falls let lapse 11 years ago. Fraser, which came up with a new graphic last year to go along with its icy slogan, filed for a new trademark application in November for the whole package - slogan and graphic. If they lose the lawsuit, they'll have to give it all up.
Durbin hopes both towns can come up with a solution.
"It'll depend on what we have, and how strong each party's argument really is," he said.
International Falls passed a resolution early last year calling for Fraser to step off its "pretended claim" of being the nation's "Icebox," according to an article printed in the Sky Hi Newspaper. Fraserites "refused to budge." In good fun, the board of trustees sent a parcel of booby prizes to International Falls with Fraser "Icebox of the Nation" T-shirts for its city council members and one two-foot-tall plastic penguin, which has become the Fraser's unofficial mascot.
The parcel was returned, unopened.
Mayor of Fraser Fran Cook did receive a snowshoe challenge from the Minnesota mayor, however, and Fraser officials issued an invitation to a snowball fight.
But now, the "fun" is over; the trademark has become a legal matter, and has traded snowballs for piles of papers, and lawyers.
Durbin believes it'll be late February or early March before the town knows where this will end up, he said. It takes time and patience, he added, but he hopes both communities can be friends in the end.
"We'll see what they have, they'll see what we have. And hopefully then we'll talk abut coming to a settlement on how we can work this out to benefit both communities," Durbin said. "That's my hope. But if we can't, we'll do what we need to do, because our primary focus is Fraser."
