How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 26894
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Intellectual Property Law Question Here...
Roger is online now
A new question is answered every 9 seconds

Is Mr. Softees Ice Cream a copyright?

Customer Question

Is Mr. Softee's Ice Cream a copyright?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm an Intellectual Property litigation attorney. Thanks for your question.

The Mr. Softee name and images are protected by trademarks. Any written information, such as its jingle, would be protected by copyright.
Customer: replied 1 year ago.

Would you be able to use the name of Softee's Ice Cream without infringing on the copy right?

Expert:  Roger replied 1 year ago.
It is very likely that the use of "Softee's Ice Cream" would be considered infringement on Mr. Softee's rights and if the name were used, it's likely that the company would be sued for a permanent injunction and damages.

The standard of whether or not a trademark or copyright is being infringed is to determine if a consumer could mistake one business for the other. So, since the names "Softee's Ice Cream" and "Mr. Softee's Ice Cream" are so similar and since the products being sold are the same, it would likely be considered infringement.

Customer: replied 1 year ago.

Would Mr. Soft Sprinkles Ice Cream, or Soft Sprinkle Ice Cream still be an infringement?

Expert:  Roger replied 1 year ago.
Probably not - - Mr. Softee's doesn't have the exclusive right to using the word "Soft". Your name just can't be close enough to confuse consumers/the general public that your business is Mr. Softee or vice versa.
Roger, Lawyer
Satisfied Customers: 26894
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and other Intellectual Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Is Mr. Coolee's Ice Cream copyrighted or franchised?

Expert:  Roger replied 1 year ago.
Hi - you can search for registered trademarks online here: DANGEROUS URL REMOVED?f=searchss&state=4801:8m5wrd.1.1

I didn't see a registered mark for the name above, or for a variation, but you should check as well.

However, there are common law trademarks - which aren't registered. But, those marks have limited application and only cover the business area of the user. For instance, if you "Google" Mr. Coolee's Ice Cream, there's a business in California. It would have a common law mark for its business area and you could be sued if you went to that area and tried to open up shop. But, as long as there's no business in the area you're going to be working, then a common law trademark from across the country should not affect you because you're not competing against one another.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Alex Reese

    Lawyer

    Satisfied Customers:

    2588
    Experienced in intellectual property law
< Last | Next >
  • http://ww2.justanswer.com/uploads/sosolid007/2010-08-05_070536_Suitpic.jpg Alex Reese's Avatar

    Alex Reese

    Lawyer

    Satisfied Customers:

    2588
    Experienced in intellectual property law
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg Robert McEwen, Esq.'s Avatar

    Robert McEwen, Esq.

    Lawyer

    Satisfied Customers:

    387
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/tswartz123/2010-02-08_225658_Tommy.jpg Thomas Swartz's Avatar

    Thomas Swartz

    Lawyer

    Satisfied Customers:

    374
    Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    371
    I assist my clients with IP questions that arise in their daily course of doing business.
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Lawyer

    Satisfied Customers:

    339
    MBA, Experienced and Knowledgeable in Intellectual Property Law
  • http://ww2.justanswer.com/uploads/BA/bart0358/2012-1-23_232424_1056.64x64.JPG BartEsq's Avatar

    BartEsq

    Researcher

    Satisfied Customers:

    192
    Juris Doctor
  • http://ww2.justanswer.com/uploads/IP/ipesq/2012-1-9_164431_RetouchPortraitHighResCopy.64x64.jpg ipesq's Avatar

    ipesq

    Lawyer

    Satisfied Customers:

    134
    Specializing in patent prosecution, trademark and copyright registration/enforcement.
 
 
 

Related Intellectual Property Law Questions