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ARTICLE · 09 DECEMBER 2015

We All Scream For Ice Cream: Master Softee Defaults In Trademark Dispute

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For some of us who "summered" on the sweltering streets of New York City as children, the sound of the Mister Softee jingle triggers a Pavlovian response for that sweet, soft-serve ice cream.

United StatesIntellectual Property
Peter Sullivan
Peter Sullivan
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For some of us who "summered" on the sweltering streets of New York City as children, the sound of the Mister Softee jingle triggers a Pavlovian response for that sweet, soft-serve ice cream.  It was the perfect antidote for those hot, humid summer days. Reviewing Mister Softee, Inc. v. Tsirkos, No. 14 CV 1975 (E.D.N.Y. Nov. 23, 2015), allowed me a few moments to reminisce about those days.

The case itself is not extraordinary. According to court papers filed by Mister Softee, Dimitrios Tsirkos had been a Mister Softee licensee for a number of years. Mister Softee alleged that at some point, Tsirkos began to violate the agreements that he entered by failing to make royalty payments and by failing to park his truck in approved depots.  Mister Softee sent Tsirkos a Notice of Default and Termination, but Tsirkos continued to use the Mister Softee marks, as well as confusingly similar marks such as MASTER SOFTEE and SOFT KING.  He also continued to sell ice cream

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