NYC dessert shops in trademark tiff: federal lawsuit

NYC dessert shops in trademark tiff: federal lawsuit

They’re screaming about ice cream.

Excessive-end ice cream chain Mochidoki will not be candy on the alleged similarities between it and upstart Higher West Facet rival dessert store Mochi Dolci — which focuses on bubble tea and mochi doughnuts.

Mochidoki contends the title sport will “proceed to confuse the general public” and is now making an attempt to freeze out its competitors, suing the mother and pop dessert store in Manhattan federal court docket for trademark infringement.

Mochidoki — which has outposts in Soho and the Higher East Facet — has been doing enterprise since 2015 and Mochi Dolci opened in October with a reputation that’s merely “confusingly related” to the opposite retailers, the Dec. 15 submitting says.

Leo Cutone, who owns the West 79th Avenue store together with his spouse, Aoomie, stated the couple’s two 11-year-old daughters thought up the title Mochi Dolci — which he says opened in August — and it represents the “ethnic variety” of their Italian-Thai household.

Mochi is “a chewy rice cake molded from steamed mochigome, the short-grained, sticky rice usually present in east Asia,” the go well with explains.

Leo Cutone and his spouse Aoommie, maintain donuts exterior their Mochi Dolci bakery on West 79th St.Helayne Seidman

Mochidoki’s attorneys declare in court docket papers they’ve warned Mochi Dolci a number of instances to vary the “confusingly related” enterprise title.Helayne Seidman

Higher West Facet dessert store Mochi Dolci focuses on bubble tea and mochi doughnuts. Helayne Seidman

“There isn’t any phonetic or visible similarity between Mochi Dolci and their trademark,” Cutone insisted to The Publish, including the shop has grow to be a go-to for neighborhood youngsters. “We don’t promote mochi ice cream and it’s fairly painful making an attempt to get these folks to know this. Now we have now to rent an legal professional to elucidate this to them in court docket,” he stated.

“We’re working to resolve the matter rapidly and amicably,” stated David Boag, the legal professional for the plaintiff,  recognized in court docket paperwork as Manhattan-based Gordon Desserts Inc.

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