Mister Softee plays hard.
In two lawsuits filed in federal court, the owners of the legendary ice cream truck franchise claim they want to freeze out three fraudulent operators – two from Queens and one from the Bronx – for stealing the company’s signature sign and jingle.
The mobile ice cream giant claims that its competitors Mustafa Selvi and Gokhan Guzey are using a copycat truck spotted in Queens that resembles the real Mister Softee right down to the slogan “Sundaes, Shakes, Cones,” according to Brooklyn court documents.
Jesus Ramos Valdes, who does business under the name Maca Ice Cream, also owns a truck similar to the original that drives around the Bronx and also blares the trademarked jingle “Mister Softee,” according to legal documents filed in Manhattan.
Mister Softee learned about the smooth cream-inals in June from legitimate vendors who had gone bust and sent cease-and-desist letters to the imitators, the company said in the lawsuit.
Guzey and Valdez ignored the orders and “continued to use Mister Softee’s trademarks inappropriately,” the documents state.
“Mister Softee is no pushover when it comes to defending his brand,” Mister Softee attorney Frank Reino told the Post.
Kids don’t necessarily understand the difference between a nondescript Mister Softee truck and the real McCoy, he noted.
“So when they hear the jingle or see a blue and white truck, they think it’s a Mister Softee truck – and the risk is that they may not get the same quality product,” Reino said.
He added: “If someone eats bad ice cream and gets sick, they’ll say, ‘Mister Softee made me sick,’ even though it wasn’t really Mister Softee. And that hurts their brand.”
Runnemede, New Jersey-based Mister Softee is asking the court to stop trademark infringement and attorney fees in the lawsuit.
Neither Guzey, of Westbury, NY, nor Selvi, of Holbrook, NY, responded to messages. Valdes, a Bronx resident, also did not respond.
The company first registered some of its trademarks in 1958. The jingle “Mister Softee” was composed in 1960.
Mister Softee has more than 625 trucks and more than 350 franchise dealers in 18 states.
There are about 300 trucks in New York City and Long Island, Reino said.
