MILDURA’S much-loved 48 Flavours ice cream store has been forced to change its name and branding because of a long-running legal dispute.
Steve Milverton bought the Mildura franchise eight years ago after the original two owners expanded the business to South Australia.
The partnership split after the expansion and Mr Milverton claims the Mildura franchise has since been in a legal dispute over the trademark.
“As a franchisee I have been paying the trademark royalties, advertising levies and we have got nothing,” he said.
“I have paid for my own branded cups, my own consumables, my own advertising fees, everything.”
Mr Milverton claims that after almost three years of legal wrangling, his store has been prohibited from operating under the branding.
Mr Milveron was given two weeks to de-brand his store or face a copyright lawsuit.
“All of this boils down to by the end of today, the 48 dots have to come off because they are a registered trademark and I don’t have the right to use them,” he said.
“(I was given) two weeks to get it sorted and I requested an extension but (that was) refused.
“I basically have to get it organised today and get it down.”
Despite the ongoing legal proceedings and almost $10,000 lost in branded consumables, Mr Milverton wants his customers to know the news was not all bad.
He said the Langtree Avenue store would continue to operate with the same products, but without the tie to the franchise.
“Now we will be an independent store, the only thing that will change will be the dots,” he said.
“The dots are gone but everything else stays the same.
“We have the same product, made by the same person, the shop ownership stays the same, the staff stays the same, everything will stay the same – except for those dots on the wall.”
As for a new name, Mr Milverton said he had a holiday booked and a long plane trip to think about it.
“No idea what the new name is yet – for now we will just operate as normal without a brand,” he said.
“Everyone knows who we are and we will operate with no brand until I get back in eight weeks.”
