Kona Ice, which has over 2,000 vans serving shaved ice, was awarded $532,905 from a 2017 patent infringement lawsuit in opposition to Florida-based competitor Tikiz.
The lawsuit focused Boca Raton-based Tikiz, a cellular shaved ice model, and its franchisees for infringing a Kona Ice patent, a part of Kona Ice’s portfolio of mental property, together with a number of emblems, copyrights and U.S. patents, stated Tony Lamb, CEO of Kona Ice. The authorized battle was consolidated in a multi-district litigation and culminated in June 2024 federal court docket in Miami, the place a jury discovered Tikiz answerable for willful patent infringement.
“Because the previous saying goes, ‘Imitation is the sincerest type of flattery’… except they’ve patents,” Lamb stated in an organization press launch. “There may be loads of room within the business, simply do not copy us. We needed our day in court docket with our authorized system and a jury deciding our destiny.”
Even earlier than the trial, the court docket reaffirmed the validity of Kona Ice’s U.S. Patent No. 9,751,447, which covers the design and performance of its cellular shaved ice automobiles, guaranteeing environment friendly customer support and excessive satisfaction as prospects can choose their most popular shaved ice flavoring. Kona Ice’s legal professional highlighted the significance of the corporate’s IP, stating “By way of the tireless efforts of its household of workers, Kona Ice has invented and developed distinctive options for the issues confronted by franchisees and prospects requiring environment friendly cellular shaved ice automobiles.”
Lamb stated the result marks a fruits of a decade-long collection of victories over Tikiz.
“When a Kona Ice truck pulls up, each child says, ‘I need a few of that,’ and each grownup says, ‘Why did not I consider that?'” stated Lamb. “Our enterprise has flourished for the final 18 years due to our dedication to innovation and the distinctive expertise we provide.”
With the jury’s dedication of willful infringement, Kona Ice is positioned to request triple damages, doubtlessly rising the ultimate quantity owed by Tikiz to just about $1.6 million, in keeping with the discharge.
As of press time, executives from Tikiz had not returned FastCasual’s request for remark.