There’s nothing sweet about this.
According to published reports, Mister Softee Inc., known for gathering ice cream lovers of all ages during the summer with its trademark jingle, is suing a Long Island City ice cream truck company for using the same song to get business.
Dimitrios Konstantakakos is now facing the lawsuit after his truck was featured in a Gothamist profile in July called “A Day in the Life of a NYC Ice Cream Operator,” according to the Daily News.
Konstantakakos is a driver for the company New York Ice Cream and reportedly was also a former Mister Softee vendor.
The lawsuit says that Mister Softee owns a federal trademark on the jingle and that the use of it by Konstantakakos is considered trademark infringement, according to reports.
“Mister Softee is in favor of fair competition, but when competitors use Mister Softee’s federally registered trademarks they engage in unfair competition, which is illegal,” the company’s lawyer Jeffrey Sucker told the Daily News.