A truly great testimony to the power of American capitalism (and the ease ion which you can sue someone, anyone) involves those very familiar Mister Softee ice cream trucks in New York and New Jersey, which feature a logo of a smiling conehead wearing a bow tie and a big smile. Mister Softee’s lawyers recently won a $20,000 judgment against one: Akop Papazian. Papazian allegedly used the Mister Softee trademark (or a reasonable facsimile) on his own ice cream truck. While Mr. Papazian has yet to be reached ------ his renegade truck continues to be seen in various area neighborhoods. Now, Mister Softee is petitioning to have Papazian’s truck seized and sold, with all of the proceeds to go to Mister Softee.
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1 comment:
Papazian was a franchisee who left the program. He was contractually obligated to deidentify his truck at that time. He did not and continued operating a Mister Softee truck which constitutes trademark infringement. We are required to protect our trademark or risk losing our rights by US law.
James Conway
Mister Softee Inc.
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