Southern District Still Screams For Ice Cream – And Attorneys’ Fees – In Master Softee Trademark Dispute

Mister Softee

Memorial Day weekend is coming, marking the unofficial start of summer.  The Southern District of New York has marked the occasion by entering a judgment for attorneys’ fees and costs against Mister Softee copycat, Master Softee. As you may recall, we provided an update on the Master Softee matter in December 2015, when Judge Laura Taylor Swain issued a default judgment against Dimitrio Tsirkos, including a permanent injunction order, damages, pre-judgment interest and attorneys fees.  In this new order, issued on May 24, 2016, the Court set the fees and costs at $339,863.85.

The new judgment is also an opportunity to mark the sad passing earlier this year of the creator of the famous Mr. Softee jingle, Les Waas, at the ripe old age of 94.  His New York Times obituary is an interesting read, describing a man of tremendous creativity and humor.  He will be forever remembered by ice screamers for his contribution to intellectual property. That jingle helped launch a global brand that, 50 plus years later, continues to delight children, and attract imitators.  The orders of the Court will help Mister Softee in protecting its brand so future generations of children can enjoy these frozen delights.

Meanwhile back in the Northeast, the temperatures are starting to climb and we are looking forward to our first soft-serve of the season.

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