"Mister Softee takes its trademarks seriously and will always aggressively protect them," said Frank Reino, a lawyer for the franchise, who promised the iconic brand would be coming for other wannabes. This assertion underlines the brand's unwavering commitment to safeguard its identity against imitation and deceit that may mislead consumers.
"Anyone operating an ice cream truck that imitates Mister Softee's trademarked white with blue trim truck design, its trademarked musical jingle or any of its other trademarks should immediately stop..." Reino warned, emphasizing the legal repercussions awaiting those who infringe on their established trademarks.
The company immediately issued cease-and-desist notices to all of the false operators, but the trucks' owners ignored the letter and kept cashing in all summer, the suits claim. This point illustrates the persistence of trademark violations and the challenges faced by established brands in protecting their identity.
The Mister Softee trademarks were first registered as far back as 1958, the suit said. Highlighting the longevity of the brand's trademarks reinforces the notion of established rights that the franchise seeks to defend vigorously against newer infringing entities.
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