5 out of 5 stars (2,230) $ 11.00. The Mister Softee song eventually found its way onto the big screen in the 2004 film starring Bernie Mac, Mr. 3000. Competitors: UNKNOWN. "Here comes Mister Softee, the soft ice cream man," the jingle for Mister Softee's ice cream trucks starts. Turn on desktop notifications for breaking stories about interest? Their tactics, Mister Softee representatives say, verge on bullying and harassment. 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.". Email: LFisher@fisherzucker.com, 2021 Copyright, All Rights Reserved. When we asked for one of the men at the center of the battle, a man resembling him told us he wasn’t in. A New York Ice Cream truck sits outside a building in the Brooklyn borough of New York on Aug. 18, 2015. In New York, it’s the theme song of happiness, announcing that ice cream is no farther than the curb. 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. 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. Mister Softee is America’s oldest and largest franchisee of soft ice cream trucks. Mister Softee is suing a soft-serve ice cream competitor for allegedly stealing its signature tune. Philadelphia, PA 19103, Phone: (215) 825-3100 Mister Softee is suing a soft-serve ice cream competitor for allegedly stealing its signature tune. Mister Softee sued alleging trademark infringement and breach of the non-compete provisions contained in … Mister Softee filed a lawsuit last week in New York federal court against Dimitrios Konstantakakos and 3 DDD Ice Inc., alleging trademark infringement. Review other vendors that offer similar solutions and compare them against Mister Softee. "It's also unfair to Mister Softee's hard-working franchisees, who pay an annual fee to use the trademarks," Zucker said. 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. One of Waas's kids was a legal producer for … Stay in touch with FisherZucker. NEW YORK (WABC) -- When you hear their trademark music and instantly you know a Mister Softee ice cream truck is heading your way. FisherZucker LLC, Powered by ClickTecs - Creativity with Expertise, Franchise Sales, Terminations, and Renewals, Protecting Trademarks & Intellectual Property. Such battles between Mister Softee and the knockoffs are not new, but there are more of them now. 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 … Mister Softee has been locked in an icy feud with New York Ice Cream since the upstart opened in 2013. Many of the imposters are former Mister Softee drivers who went rogue, using the brand without paying the fees. 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. Johnson has been selling Mister Softee for nearly 30 years. Enter your email below for updates. These are the largest companies by revenue. 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. 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. Welcome to Ferrett’s Mister Softee 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. Mister Softee competitors and alternatives. "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. 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. “If you’re going to use what I use in order to attract customers, then you’re robbing from me,” Johnson said. Keep it up Softee! But, the … Mister Softee® is the largest franchiser of soft ice cream trucks in … A Mister Softee ice cream truck makes its way through the streets of Brooklyn, New York, June 18, 2007. 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. A competitive analysis shows these companies are in the same general field as Mister Softee, even though they may not compete head-to-head. Ice Cream Truck Rivals Face the Music in Jingle Lawsuit. 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. Mister Softee® has been bringing the very best ice cream and frozen treats to kids and families since 1956. Ferrett's Mister Softee, Bournemouth, United Kingdom. “All of our stuff is protected by Mister Softee,” Johnson said. Mister Softee has been bringing the very best ice cream and frozen treats to kids and families since 1956. Michael Scotto filed the following report. Since that first Mister Softee truck started spreading smiles, the growth of Mister Softee has skyrocketed. 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. That prior owner allegedly then sold the truck to Konstantakakos, according to Mister Softee's lawsuit filed last week. by Devra Ferst Aug 18, 2015, 2:30pm EDT Michael Scotto filed the following report. Zucker said Mister Softee is still trying to collect that judgment and is awaiting the judge to enter a final judgment against that defendant. Zoly says he has at least three active lawsuits against imposters in Queens alone. Drivers pay about $130,000 for the truck and about $3,100 a year in royalties to Mister Softee. Good Humor Truck Gets All Grown Up This Summer, Blue Bell to Resume Distributing Ice Cream to Select Markets. 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 … Waas created close to 1,000 jingles. — -- A heated lawsuit is pitting ice cream truck against ice cream truck over a familiar jingle. Mister Softee is taking a hard line against a competitor who's using the company's iconic jingle to sell his ice cream. Based in Runnemede, New Jersey, Mister Softee Inc. has owned the copyright to the tune since 1960, according to its sheet music. 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.