Frosty Treats, Inc. is the name of "one of the largest ice cream truck street vendors" in the United States.

In the mid 1990s, Sony released Twisted Metal 2, a video game that allows players to wreak havoc on simulated streets with a variety of vehicles - including an ice cream truck prominently featuring a logo that says "Frosty Treats".

U.S. District Judge Scott Wright stated in his May 19, 2005 dismissal that "the various depictions of the Sweet Tooth character in defendant's Twisted Metal games and plaintiff's Safety Clown are so dissimilar that no reasonable trier of fact could conclude that they are confusingly similar.

"[2] Additionally, the court noted that the safety clown could not be protected because it was functional; it directed children to cross behind the van rather than in front of it.

Judge Morris S. Arnold wrote that, although the Eighth Circuit rejected the finding that the safety clown was functional, they held that it nonetheless lacked distinctiveness in the marketplace such that it would merit protection.