George Calombaris in Mr Whippy legal fight

MR Whippy is suing celebrity master chef George Calombaris's St Katherine's restaurant over a dessert served at the Kew eatery.

Stan Gordon

MR Whippy is suing celebrity master chef George Calombaris's St Katherine's restaurant over a dessert served at the swanky Kew eatery.

Mr Whippy Pty Ltd claims the dessert, dubbed "Mrs Whippi" and sold for $9.50, is a trademark infringement and is seeking damages.

The first it knew Calombaris was calling his ice cream desserts "Mr Whippy" was in May, but it was changed to "Mrs Whippi" after an initial legal letter was sent from Mr Whippy.

But lawyers for Calombaris only infuriated Mr Whippy further when they claimed he had "no relevant reputation".

"Your client has never sold its desserts in restaurants and especially not in high-profile restaurants operated by celebrity chefs. It has no reputation in this market," the letter from Calombaris's lawyers stated.

The letter did little to soothe Mr Whippy's anger, and the company has launched action in the Federal Magistrates Court.

Mr Whippy director Stan Gordon said he was sick of his product being ripped off.

Mr Gordon, a South African-born businessman who took over Mr Whippy in 2000, said: "It's time to take a stand. We plan to enforce our rights. This is Australia and I need to protect my brand."

The company has about 30 stores across Australia and says Calombaris never sought permission to name his dessert after its product.

Calombaris is on holiday, but spokeswoman Lauren Calleja said: "As this matter is with our solicitors we are being guided by them and because there are proceedings ... , it is inappropriate for us to comment.

"The matter will be heard in the Federal Magistrates Court at a later date."

But Calombaris may have even bigger trouble brewing.

His St Katherine's menu also features: KFC "St Katherine's fried chicken".