Mixing Noncompetes, Trademark And Ice Cream

Law360, New York (August 14, 2014, 10:27 AM EDT) -- Dimitrios Tsirkos first became a Mister Softee franchisee in the mid 1980s. To be clear, we are talking about the ice cream truck business. Over the years, Tsirkos entered several franchise agreements with Mister Softee and ultimately controlled 16 Mister Softee franchises with a territory spanning parts of Bronx, New York and Queens counties.

At some point in early 2014, Tsirkos apparently breached his franchise agreements with Mister Softee. Specifically, Tsirkos stopped remitting royalties to the company and stopped taking his ice cream trucks to the designated ice cream truck depot for cleaning and storage. So, on Feb. 28, 2014, Mister...

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