Most of us may associate the word “trademark” with certain products (like the logo on a sneaker, the design on can of cola, or a symbol handbag) and these trademarks help identify the creator of the product. In this “You Be the Judge,” we investigate the trademark of a delicious sugary cupcake decoration.
Sprinkles Cupcakes is a cupcake bakery with roots in California. Although the author of this article has not had the opportunity to sample the delicacy, Hollywood seems to adore the cupcakes. According to Sprinkles, in October 2004, the company started using their “nested circle design” to indicate the flavor of the mini-cake. Sprinkles registered the design for trademark protection in April 2007.
Famous Cupcakes is also a cupcake bakery (and again, unfortunately the author cannot attest for the quality of these cupcakes). According to the website, the owner of Famous Cupcakes began selling her sweets door-to-door over 20 years ago at the age of seven.
In a federal lawsuit filed in August, Sprinkles alleges that Famous incorporated the “nested circle design” on Famous’ packaging, store decor, and website.
What’s your take on the controversy? Leave your thoughts in the comments!