New York City’s ongoing ice cream war heated up once again and Mister Softee is in the middle of it. This time, all the fireworks will be in the courtroom. It was pure coincidence that a truck belonging to one of their competitors, New York Ice Cream, went up in a blaze of glory last month. Police say it wasn’t a crime, just an engine fire. NYIC also happened to be accused of price gouging, which is another coincidence. They sold basic waffle cones full of soft serve for $14. It was giving the whole industry a black eye but at least they used bubblegum pink for their trucks. This time, the dispute is over trademark infringement with different competitors.
War over colors
Ice Cream Truck kingpin Mister Softee is at war with his competition. You don’t go nation wide with successful franchises unless you carefully manage all the details.
It seems that “three rogue operators” pirated the paint job for their own trucks. Including all the details. They also stole the trademarked music each truck plays to entice children to line their parents up on the sidewalk from blocks away.
Two operators in Queens and one in the Bronx were sued in “a pair of federal lawsuits.” Mustafa Selvi and Gokhan Guzey are accused of “using a copycat truck spotted in Queens that mimics the real deal Mister Softee, down to the ‘Sundaes, Shakes, Cones‘ slogan.” That’s also trademarked.
Mr. Softee playing hardball with rogue NYC operators accused of ripping off iconic music, brand https://t.co/RCXBM6smou pic.twitter.com/lNWWDhyeQh
— New York Post (@nypost) August 17, 2024
The other party to this ice cream war is “Jesus Ramos Valdes, who does business as Maca Ice Cream.” His impostor vehicle “also blasts the trademarked Mister Softee jingle.”
It was other legitimate ice cream vendors who clued Mister Softee in on the impersonations. The management didn’t go running straight to the courthouse.
First, they sent cease and desist letters to the companies in violation, warning them to knock it off or face the consequences. They ignored it and now there’s full scale legal war. Attorney Frank Reino notes, “Mister Softee isn’t a softy when it comes to defending his trademark.”
The difference matters
Children don’t really see much difference between one ice cream truck and another but their parents definitely do. Enough for a business war over. While nobody is accused of torching that NYIC truck on July 1, everyone in the neighborhood said they had it coming. Parents would be ready to shell out a slightly premium price for the convenience but NYIC prices caused major sticker shock.
They all pointed out to reporters covering the NYIC engine fire that Mr. Softee is much more reasonable. They sell “waffle cones and sundaes for $8 cash, or $9 if using a credit card, including tax.” They also put their prices “right next to the product images.” Their competitors aren’t as ethical.
When kids “hear the jingle or they see a blue and white truck, they think that’s a Mister Softee truck.” They pay their marketing firm big bucks to make that happen. Money isn’t the only reason they’re going to war. The “risk is they may not be getting the same quality product.”
Ice cream trucks just make the world a better place. 🍦
Heard some familiar musical chimes and saw a Mister Softee truck heading our way. Got some soft serve yesterday and it made me so happy. pic.twitter.com/MZXSkZDRPZ
— Eric Chu (@ericthomaschu) July 29, 2024
Mister Softee clawed and scratched his way to the top of the heap, with “over 625 trucks and more than 350 franchise dealers operating in 18 states.” Low-lifes like to ride on his coat tails.
As the lawyer explains, “if someone eats bad ice cream and gets sick, then they say, Mister Softee made me sick when it wasn’t really Mister Softee. And that damages their trademark brand.” The Runnemede, New Jersey, confection distributor “is asking the court to put a stop to the trademark infringement and lawyers fees in the suit.”
Mister Softee proudly “registered some of its trademarks in 1958. The Mister Softee jingle was composed in 1960.” Before this round of the war gets to the engine fire or worse stage, the company wants the judge to make the imposters an offer they can’t refuse.
