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Kona Ice, which operates over 2,000 trucks offering shaved ice, recently secured $532,905 in a patent infringement case against its Florida rival, Tikiz.
The lawsuit targeted Tikiz, a mobile shaved ice company based in Boca Raton, Florida, along with its franchisees, claiming they infringed on a Kona Ice patent. This patent is a crucial part of Kona Ice’s extensive collection of intellectual property, which includes various trademarks, copyrights, and U.S. patents, as noted by CEO Tony Lamb. The legal proceedings were part of a larger multi-district litigation and concluded in June 2024 in a federal court in Miami, where a jury determined that Tikiz had willfully infringed on Kona Ice’s patent.
“There’s an old saying that ‘Imitation is the sincerest form of flattery,’ but that doesn’t apply when patents are involved,” Lamb expressed in a company press release. “There’s plenty of space in this industry; just don’t replicate our business model. We were eager to have our day in court and let a jury decide our fate.”
Prior to the trial, the court affirmed the legitimacy of Kona Ice’s U.S. Patent No. 9,751,447, which pertains to the design and operation of their mobile shaved ice vehicles. This patent ensures efficient customer service, allowing patrons to choose their preferred flavorings. Kona Ice’s attorney emphasized the significance of the company’s intellectual property, stating, “Thanks to the dedicated efforts of its employees, Kona Ice has developed innovative solutions addressing the needs of franchisees and customers who require effective mobile shaved ice services.”
Lamb remarked that this ruling signifies the conclusion of a decade-long string of successes against Tikiz.
“Whenever a Kona Ice truck arrives, kids eagerly shout, ‘I want some!’ while adults think, ‘Why didn’t I come up with that?'” Lamb noted. “Our business has thrived for the past 18 years because of our dedication to innovation and the distinct experience we provide.”
In light of the jury’s finding of willful infringement, Kona Ice plans to ask for triple damages, which could raise the total owed by Tikiz to nearly $1.6 million, according to the release.
As of the publication of this article, Tikiz executives had not responded to requests for comments from FastCasual.
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