Kona Ice, which has over 2,000 trucks serving shaved ice, was awarded $532,905 from a 2017 patent infringement lawsuit against Florida-based competitor Tikiz.
The lawsuit targeted Boca Raton-based Tikiz, a mobile shaved ice brand, and its franchisees for infringing a Kona Ice patent, part of Kona Ice’s portfolio of intellectual property, including multiple trademarks, copyrights and U.S. patents, said Tony Lamb, CEO of Kona Ice. 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,” Lamb said in a company press release. “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 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.”
Lamb said the outcome marks a culmination of a decade-long series of victories over Tikiz.
“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, according to the release.
As of press time, executives from Tikiz had not returned FastCasual’s request for comment.
