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#NYC dessert shops in trademark tiff: federal lawsuit

“NYC dessert shops in trademark tiff: federal lawsuit”

They’re screaming about ice cream.

High-end ice cream chain Mochidoki is not sweet on the alleged similarities between it and upstart Upper West Side rival dessert shop Mochi Dolci — which specializes in bubble tea and mochi doughnuts.

Mochidoki contends the name game will “continue to confuse the public” and is now trying to freeze out its competition, suing the mom and pop dessert shop in Manhattan federal court for trademark infringement.

Mochidoki — which has outposts in Soho and the Upper East Side — has been doing business since 2015 and Mochi Dolci opened in October with a name that is simply “confusingly similar” to the other shops, the Dec. 15 filing says.

Leo Cutone, who owns the West 79th Street shop with his wife, Aoomie, said the couple’s two 11-year-old daughters thought up the name Mochi Dolci — which he says opened in August — and it represents the “ethnic diversity” of their Italian-Thai family.

Mochi is “a chewy rice cake molded from steamed mochigome, the short-grained, sticky rice typically found in east Asia,” the suit explains.

Leo Cutone  and his wife Aoommie, hold donuts outside their Mochi Dolci bakery on West 79th St.
Leo Cutone and his wife Aoommie, hold donuts outside their Mochi Dolci bakery on West 79th St.
Helayne Seidman
Mochidoki's attorneys claim in court papers they have warned Mochi Dolci multiple times to change the "confusingly similar" business name.
Mochidoki’s attorneys claim in court papers they have warned Mochi Dolci multiple times to change the “confusingly similar” business name.
Helayne Seidman
Upper West Side dessert shop Mochi Dolci specializes in bubble tea and mochi doughnuts.
Upper West Side dessert shop Mochi Dolci specializes in bubble tea and mochi doughnuts.
Helayne Seidman

“There is no phonetic or visual similarity between Mochi Dolci and their trademark,” Cutone insisted to The Post, adding the store has become a go-to for neighborhood kids. “We do not sell mochi ice cream and it is quite painful trying to get these people to understand this. Now we have to hire an attorney to explain this to them in court,” he said.

“We are working to resolve the matter quickly and amicably,” said David Boag, the attorney for the plaintiff,  identified in court documents as Manhattan-based Gordon Desserts Inc.

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