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VIDEO · 03 FEBRUARY 2015

Trademarkology: Mister Softee Comes Down Hard On Imposters (Video Content)

Ice cream lovers can rest a little easier, now that Mister Softee has shut down an unscrupulous quartet of competitors.

United StatesIntellectual Property
Stites & Harbison PLLC
Stites & Harbison PLLC
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Ice cream lovers can rest a little easier, now that Mister Softee has shut down an unscrupulous quartet of competitors.

The Mister Softee company sells ice cream from trucks that play a jingle to announce their presence.  It appears that a gang of rogues in New York was using ice cream trucks that looked very similar to Mister Softee trucks in attempt to get business from ice cream fans who were either not sharp-eyed enough to notice that it wasn't a real Mister Softee truck, or who didn't much care.  Since much of the clientele is probably little kids, it's a good bet that a lot of the customer base falls into both of those groups.

According to the claims in the lawsuit, Mister Softee operates through franchisees – it grants independent operators the right to use its trademarks and business methods and to use specially-designed "mobile trucks" to sell ice cream and related treats.  (I am assuming they discovered early on that "mobile trucks" were much more

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