Kona Ice Triumphs in Major Patent Infringement Lawsuit, Protecting Franchisees with Strong IP Portfolio
The shaved ice franchise successfully defended its intellectual property in a major lawsuit against Tikiz, resulting in a $532,905 verdict and reinforcing the brand’s commitment to protecting its franchisees.
August 20, 2024 // Franchising.com // FLORENCE, KY - Kona Ice, the shaved ice franchise and self-proclaimed “world’s largest food truck company” with over 2,000 trucks operating across all 50 states, has successfully defended its innovative technology and protected its franchisees in a major patent infringement lawsuit. The lawsuit concluded with a decisive victory against Florida-based competitor Tikiz, resulting in a $532,905 verdict for Kona Ice.
The lawsuit, which was initiated in 2017, targeted Tikiz and its franchisees for infringing a Kona Ice patent, which is part of Kona Ice’s extensive portfolio of intellectual property, including multiple trademarks, copyrights, and U.S. patents. The legal battle was consolidated in a multi-district litigation, and culminated in June 2024 federal court in Miami, where a jury found Tikiz liable for willful patent infringement.
“As the old saying goes, ‘Imitation is the sincerest form of flattery’... unless they have patents!” said Tony Lamb, CEO of Kona Ice. “There is plenty of room in the industry, just don’t copy us. We wanted our day in court with our legal system and a jury deciding our fate.”
Even before the trial, the court reaffirmed the validity of Kona Ice’s U.S. Patent No. 9,751,447, which covers the unique design and functionality of its mobile shaved ice vehicles, ensuring efficient customer service and high satisfaction as customers can select their preferred shaved ice flavoring. Kona Ice’s attorney highlighted the importance of the company’s IP, stating “Through the tireless efforts of its family of employees, Kona Ice has invented and developed unique solutions for the problems faced by franchisees and customers requiring efficient mobile shaved ice vehicles.”
This victory marks the culmination of a decade-long series of victories over Tikiz, which included multiple instances of admitted infringement and settlement payments. The recent court proceedings not only confirmed the validity of Kona Ice’s patent, but also rejected all of Tikiz’s defenses, including failed arguments of invalidity, non-infringement, and other defenses.
Kona Ice’s triumph in court sends a strong message to the industry about the importance of protecting intellectual property. “When a Kona Ice truck pulls up, every kid says, ‘I want some of that,’ and every adult says, ‘Why didn’t I think of that?’“ said Lamb. “Our business has flourished for the last 18 years because of our commitment to innovation and the unique experience we offer.”
With the jury’s determination of willful infringement, Kona Ice is positioned to request triple damages, potentially increasing the final amount owed by Tikiz to nearly $1.6 million. This outcome fortifies Kona Ice’s market position while underscoring the company’s dedication to safeguarding its franchisees’ investments and the integrity of its business model.
About Kona Ice
Founded in 2007 by Tony Lamb, Kona Ice launched its first Kona Entertainment Vehicle (KEV) in Florence, Kentucky, offering a unique combination of cleanliness, friendliness and a one-of-a-kind experience. Today, Kona Ice has grown to more than 1,700 mobile units that serve 49 states across the country. Kona Ice has been named to Entrepreneur Magazine’s Franchise 500 list for 11 consecutive years, earning a spot on the Franchise 500 Hall of Fame, and most recently being named #1 in the “Frozen Desserts” and “Ice Cream” categories. In addition, Kona Ice was named to the Franchise Business Review Top 200 list in the overall “Top 50” and “Enterprise” categories. Other accolades include being named a “Top 100 Most Innovative Franchise” by Franchise Business Review and a “Top Franchise for Veterans.” With a commitment to giving back, Kona Ice has donated over $180 million to communities nationwide. For more on Kona Ice, visit the brand’s online Newsroom and follow us on Facebook, Twitter, and Instagram for the latest news. For more information about booking Kona Ice for a fundraiser or event, visit www.kona-ice.com. To learn more about available franchise opportunities, visit www.ownakona.com or call (800) KONAICE.
SOURCE Kona Ice
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Media Contact:
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Mainland
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