39° Good Morning
39° Good Morning

Mister Softee cold as ice on soft-serve vendor's use of jingle

The company headquarters of Mister Softee in Runnemede,

The company headquarters of Mister Softee in Runnemede, N.J. Photo Credit: Newsday / Chris Ware, Georgia Kral

The Mister Softee folks are taking a hard line on what they say is trademark infringement -- a Queens soft-serve vendor using the company's popular melody.

In a suit filed Friday in federal court in Brooklyn, Mister Softee says Queens vendor Dimitrios Konstantakakos and his company, DDD Ice Inc. of Long Island City, are playing the melody on their trucks without permission.

The suit asks the trucks to stop the music.

The jingle was copyrighted in 1999, the suit says, and consists of "a musical jingle composed of 16 notes in the key of E-flat in the sequence of BB-C-BB-G-F-EB-F-EB-C-EB-D-EB-F-BB-G-EB, which is then repeated."

Mister Softee says it has been using the popular melody since 1960.

Konstantakakos could not be reached for comment.

News photos & videos