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Mister Softee v Master Softee

Written by Murshida Khan on 20 August 2014

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Master Softee, a fleet of ice cream trucks owned by Dimitrios Tsirkos in New York is being served an order of infringement against ice cream company Mister Softee.

The similarity of the name automatically puts a link between the two companies when in fact; the use of Master Softee is an infringement against Mister Softee.  Mister Softee has various trademarks and a well known trade dress for his ice cream trucks. The trucks consist of a white and blue colour combination and an ice cream cone cartoon character displayed.

There have already been threats made by a New York judge that Tsirkos will be arrested unless he reveals the buyers of the ice cream trucks.

Mister Softee is disputing the fact, that due to this infringement by Master Softee, there is an unfair competition of franchise and marketing as Mister Softee is currently paying for the right to use his trademark.

Not only this, but Master Softee has also used the jingle linked to Mister Softee’s ice cream trucks without permission. Mister Softee is now also asking for an order for Tsirkos to assign the domain name www.mistersofteenyc.com to Mister Softee Inc.

Currently, Mister Softee is seeking damages, and a contempt order has been handed to Tsirkos last month for failing to comply with his injunction order.

By Murshida Khan, a law student in work experience at Lawdit solicitors

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