No soft serve for Mr Whippy's rivals

Stan Gordon is unhappy with George Calombaris (left) using his Mr Whippy name. Picture: Ian Currie Source: Herald Sun

A SETTLEMENT may yet sweeten the sour relationship between Mr Whippy and the Master Chef.

Mr Whippy owner Stan Gordon has been locked in a dispute with TV cook George Calombaris, whose Melbourne restaurant St Katherine's serving a dessert called "Mrs Whippi" - which the ice cream king says infringes his trademarked "Mr Whippy".

But ending the matter is simple if Mr Calombaris is ready to listen, Mr Gordon said.

"Just stop using it! It's not yours!" he said.

"He is a celebrity and I'm not so he thinks he can do whatever he wants but you can't breach someone else's trademark.

"If he becomes a little more humble, I am sure this thing will go away."

Mr Calombaris's lawyer, Nick Zevros, said no settlement had been discussed as yet but the parties would likely meet for mediation ahead of next year's trial.

Mr Zevros said his instructions were to defend against the claim but he remained uncertain about the damages sought.

"He says in his statement of claim that there were 20 to 30 outlets when he bought the business," he said.

"We don't know where they are."

Mr Zevros also ruled out any personal animosity on the part of Mr Calombaris.

"Mr Calombaris thinks very highly of Mr Whippy ice cream," he said.

"They bring back childhood memories."

Mr Zevros's firm this month warned Mr Gordon against discussing the case with the media, Mr Gordon claims, urging him to "sort (it) out through the courts".

But the warning fell on angry ears after the firm described him as having "no relevant reputation" as he had "never sold its desserts in restaurants and especially not in high-profile restaurants operated by celebrity chefs".

Mr Gordon's company, Franchised Food Company, owns the rights to Mr Whippy, Cold Rock, Pretzel World and Nut Shack all part of the "snacks and treats" market he says holds its market in buoyant times and grows when it's tough.

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