An ice cream war, if you will. Michael Scotto filed the Mister Softee trucks and their lookalike competitors are still roaming New York's streets and serving up their swirling soft serve ice cream, King Cones and Spongebob-shaped popsicles with a … Lately, though, he says business has gotten tougher because of imposters who ride around trucks that look and sound a whole lot like Mister Softee. Mister Softee has been bringing the very best ice cream and frozen treats to kids and families since 1956. "If the ice cream is sour or spoiled, or the truck is not clean, customers may blame Mister Softee, and this harms Mister Softee and its franchisees," the company said in a statement. Last week, a federal judge ordered him to pay Softee $287,858.44 in lawyers’ fees, bringing the total he owes to over $767,000. Jeffrey Zucker, a lawyer for Mister Softee, said that under federal trademark law, a competitor infringes on a company's trademark when its look … "Here comes Mister Softee, the soft ice cream man," the jingle for Mister Softee's ice cream trucks starts. Mister Softee filed a lawsuit last week in New York federal court against Dimitrios Konstantakakos and 3 DDD Ice Inc., alleging trademark infringement. When we asked for one of the men at the center of the battle, a man resembling him told us he wasn’t in. "It's also unfair to Mister Softee's hard-working franchisees, who pay an annual fee to use the trademarks," Zucker said. Useful Michael Scotto filed the following report. The frozen treat company — which has repeatedly sued competitors … The Mister Softee song eventually found its way onto the big screen in the 2004 film starring Bernie Mac, Mr. 3000. Our lawyers have extensive experience in pre-litigation counseling, litigation, arbitration and mediation in trademark infringement....Read More, FisherZucker LLC
The plot grows thicker than a swirl of hot fudge: New York Ice Cream Company is staffed by former Mister Softee drivers intent on creating a new wave of stiff competition for the formerly undisputed king of mobile frozen treats. Mister Softee is taking a hard line against a competitor who's using the company's iconic jingle to sell his ice cream. Customers, including children, hear the tune and believe the Mister Softee truck is coming. This feature is not available right now. "Mr. Konstantakakos does not pay a fee, and is competing unfairly by using the Mister Softee jingle to attract customers to his non-Mister Softee truck. Mister Softee is America’s oldest and largest franchisee of soft ice cream trucks. Last year, Mister Softee sued the prior owner of Konstantakakos' truck for using the mark "Master" Softee. The melody broadcast from Mister Softee trucks – bearing the likeness of a music-box – is a contrafactum of Arthur Pryor's 1905 composition, "The Whistler and His Dog." Konstantakakos was deposed on Dec. 12, 2014, as part of the discovery in the other lawsuit and admitted he owns the "infringing truck" and 3 DDD Ice Inc., according to the complaint filed last week. Philadelphia, PA 19103, Phone: (215) 825-3100
Since that first Mister Softee truck started spreading smiles, the growth of Mister Softee has skyrocketed. The ice cream giant is cracking down on the fakes, filing suit last week against a man who tools around in an ice cream truck while playing the trademarked Mister Softee jingle. A Mister Softee ice cream truck makes its way through the streets of Brooklyn, New York, June 18, 2007. A judgment of $97,464 was ordered against that defendant, who was held in contempt for continuing to operate the ice cream trucks in violation of an injunction order. In New York, it’s the theme song of happiness, announcing that ice cream is no farther than the curb. -- A heated lawsuit is pitting ice cream truck against ice cream truck over a familiar jingle. These are the largest companies by revenue. Mister Softee quickly got word that Tsirkos was not only competing against them in the ice cream business, but also was ripping off the Mister Softee brand. Drivers pay about $130,000 for the truck and about $3,100 a year in royalties to Mister Softee. You’ll find hundreds of Mister Softee soft ice cream trucks from coast to coast, owned and operated by proud entrepreneurs just like you. Turn on desktop notifications for breaking stories about interest? Mister Softee® is the largest franchiser of soft ice cream trucks in … While Mister Softee has taken on knockoffs before, this is the first time the custard king has gone after a competitor solely for swiping its signature song, said its lawyer, Jeffrey Zucker. After 61 years of Mister Softee as America’s reigning soft serve provider, former driver Dimitrios Konstantakakos formed rival Master Softee with his fleet of 12 trucks. The court ruled in favor of Mister Softee and ordered the prior owner to cease using the name, because it could be confused with Mister Softee. Mister Softee Is Suing a Competitor for Using Its Signature Jingle This isn't Mister Softee's first time in court. 21 South 21st Street
He calls the Mister Softee truck the Cadillac of the competition, built on a GM platform with an International body and custom-designed machines made by Electro Freeze. The New York Times reports that the iconic ice-cream-truck company Mister Softee has been “muscled out of Midtown” by “renegade” competitor New York … A competitive analysis shows these companies are in the same general field as Mister Softee, even though they may not compete head-to-head. 3 Vintage Mister Softee Chilleroo Cups Retro 1960s 1970s Wax paper Waxed Cup Lot Ice Cream Midcentury Cute Kids Anthro Cone Kawaii Set Red hauntedlampvintage. Craig Zoly runs a Mister Softee depot in Queens. Stay in touch with FisherZucker. Mister Softee Inc. is suing a rival soft-serve slinger who’s been blaring its famous jingle from his ice cream truck. “What they do is, they give Mister Softee a bad name, actually, because they’re pretending to be us,” Zoly said. Mister Softee has been locked in an icy feud with New York Ice Cream since the upstart opened in 2013. Review other vendors that offer similar solutions and compare them against Mister Softee. Interestingly, it is NOT a story of “guy skirts rules, naively trusts Chinese partner, gets screwed.” Zoly says he has at least three active lawsuits against imposters in Queens alone. Mister Softee is taking a hard line against a competitor who's using the company's iconic jingle to sell his ice cream. Johnson has been selling Mister Softee for nearly 30 years. Philadelphia ad man, Les Waas (né Lester Morton Waas; 1921–2016) scored it with new words for Mister Softee, and titled it, "Jingle and Chimes." 24/7 coverage of breaking news and live events. Mister Softee is suing a soft-serve ice cream competitor for allegedly stealing its signature tune. One of Waas's kids was a legal producer for … by Devra Ferst Aug 18, 2015, 2:30pm EDT Ferrett's Mister Softee, Bournemouth, United Kingdom. Email: LFisher@fisherzucker.com, 2021 Copyright, All Rights Reserved. Konstantakakos did not respond to ABC News' request for comment. However, they may not have the largest market share in this industry if they have diversified into other business lines. FisherZucker LLC, Powered by ClickTecs - Creativity with Expertise, Franchise Sales, Terminations, and Renewals, Protecting Trademarks & Intellectual Property. The rival company was founded by a group of … Good Humor Truck Gets All Grown Up This Summer, Blue Bell to Resume Distributing Ice Cream to Select Markets. The firm has offices in Pennsylvania and New Jersey. 4,062 likes. This unlawfully and unfairly takes business from Mister Softee's franchisees.". Mister Softee said it owns a federal trademark on the jingle and only authorized Mister Softee franchisees are permitted to use it, according to Jeffrey Zucker, attorney for the company that's been in business since 1956. NEW YORK (WABC) -- When you hear their trademark music and instantly you know a Mister Softee ice cream truck is heading your way. China Law Professor Donald Clarke sent me a great article this week from New York Magazine, entitled, How China Drove Out Mister Softee.Professor Clarke’s email with the link said the following: Thought you might like this. Enter your email below for updates. A New York Ice Cream truck sits outside a building in the Brooklyn borough of New York on Aug. 18, 2015. “It’s like Christmas,” said Nathaniel Johnson, a Mister Softee truck owner. Selling Mister Softee ice cream isn’t cheap. There’s concern, though, that if Mister Softee’s competitors keep it up, ice cream lovers will have a hard time telling the difference. Mister Softee is taking a hard line against a competitor who's using the company's iconic jingle to sell his ice cream. (So far, Mister Softee’s lawyers say, Mr. Tsirkos has parted with only $2,426.) Waas created close to 1,000 jingles. “You hear our jingle, you want ice cream.”. “They’re not coming today. Many of the imposters are former Mister Softee drivers who went rogue, using the brand without paying the fees. Tomorrow, they’ll be here,” the man said. Fisher Zucker LLC is a full-service law firm with a national practice dedicated almost exclusively to franchise, distribution and licensing matters. “If you’re going to use what I use in order to attract customers, then you’re robbing from me,” Johnson said. Mr. Tsirkos has been ordered to compensate Mister Softee for his misdeeds. Ice Cream Truck Rivals Face the Music in Jingle Lawsuit. Keep it up Softee! “All of our stuff is protected by Mister Softee,” Johnson said. But, the … “Soft serve is the most popular,” he said. Mister Softee competitors and alternatives. WBAL NewsRadio 1090/FM 101.5 - (NEW YORK) -- A heated lawsuit is pitting ice cream truck against ice cream truck over a familiar jingle. The company's lawsuit points to a video posted on the website Gothamist on July 29, 2015, that features the defendant's truck playing the jingle "as it attracts customers.". But the company is crying foul against a rival ice cream truck, alleging that the competitor is using its jingle to sell ice cream in Brooklyn, New York. Their tactics, Mister Softee representatives say, verge on bullying and harassment. Based in Runnemede, New Jersey, Mister Softee Inc. has owned the copyright to the tune since 1960, according to its sheet music. Iconic mobile ice cream truck operator Mister Softee has sued a rival for allegedly stealing its unmistakable jingle. Mister Softee's famous jingle is at the center of a legal ice cream battle. Mister Softee is suing a soft-serve ice cream competitor for allegedly stealing its signature tune. Back at Mister Softee, Johnson pointed out that you can only get the real stuff from trucks like his. Michael Scotto filed the following report. The past 60 years of service have helped the two generations of owners develop and perfect their offerings. Mister Softee sued alleging trademark infringement and breach of the non-compete provisions contained in … Mister Softee® has been bringing the very best ice cream and frozen treats to kids and families since 1956. What marketing strategies does Mistersoftee use? Please try again later. That prior owner allegedly then sold the truck to Konstantakakos, according to Mister Softee's lawsuit filed last week. Competitors: UNKNOWN. Welcome to Ferrett’s Mister Softee According to sheet music posted to the Mister Softee website, the "Mister Softee Jingle and Chimes" was copyrighted in 1960. In the Gothamist video, the defendant's driver insists that his business is "cutthroat" and that there is often room for only one ice cream truck in a prime location. 5 out of 5 stars (2,230) $ 11.00. Mister Softee Inc. is suing a rival soft-serve slinger who's been blaring its famous jingle from his ice cream truck. Zucker said Mister Softee is still trying to collect that judgment and is awaiting the judge to enter a final judgment against that defendant. Such battles between Mister Softee and the knockoffs are not new, but there are more of them now. NY1 stopped by the Long Island City depot where some of these competitors are based, but they closed the gate on us. Les Waas, the advertising legend behind the Mister Softee jingle heard in hundreds of ice cream trucks for more than half a century, has died, aged 94. The ice cream truck company also has concerns about the quality and cleanliness of the rival's truck. Get traffic statistics, SEO keyword opportunities, audience insights, and competitive analytics for Mistersoftee. Whatever the situation and price is, Mister Softee has always beat out other truck's competition and served over 100,000 kids in it's span of operation, myself included.