Do Morons In A Hurry Eat Cupcakes?

from the circle-with-a-dot? dept

Reader GeneralEmergency alerts us to yet another bizarre trademark lawsuit — this time involving cupcake shops. Apparently, there’s some fancy cupcake-store-to-the-stars, called Sprinkles Cupcakes that has trademarked putting a circle with a dot in the middle on top of its cupcakes. Another cupcake company, Famous Cupcakes also started putting a circle with a dot on top of their cupcakes — so now they’re heading to court. I’m sure this is what the original creators of trademark law intended: stopping dastardly cupcake makers from decorating their cupcakes in a similar manner.

Filed Under: ,
Companies: famous cupcakes, sprinkles cupcakes

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Do Morons In A Hurry Eat Cupcakes?”

Subscribe: RSS Leave a comment
45 Comments
Ronald J Riley (profile) says:

Re: Finally a topic :)

Mike Masnick needs to trot down to a few cupcake shops and experimentally determine trot rather he is also a MORON.

Some people are genetically challenged while others are crippled by their upbringing. Based on Mike’s moronic writings I suspect that he is dually challenged.

Returning to the issue of distinctive trademarks, it is Mike’s which others seem to be copying, bluster and posturing without any grasp of what they are talking about.

Ronald J. Riley,

Speaking only on my own behalf.
Affiliations:
President – http://www.PIAUSA.org – RJR at PIAUSA.org
Executive Director – http://www.InventorEd.org – RJR at InvEd.org
Senior Fellow – http://www.patentPolicy.org
President – Alliance for American Innovation
Caretaker of Intellectual Property Creators on behalf of deceased founder Paul Heckel
Washington, DC
Direct (202) 318-1595 – 9 am to 9 pm EST.

another mike says:

moron in a hurry to satisfy a sweet tooth

Actually, this seems like the proper use of trademark law, finally. One cupcake company trying to use another cupcake company’s trademark. I don’t know about the rest of you but I can’t tell one cupcake from another unless they paint their logo on the top. If I saw two cupcakes with a circle and a dot on the top, I might assume they were from the same company. I can easily see how a moron in a hurry to satisfy a sweet tooth could be confused.

Anonymous Coward says:

Re: moron in a hurry to satisfy a sweet tooth

I regularly do bake sales, and have found that to be true too! I usually spray paint a logo, phone number, and website on my cupcakes so people know I made it. But more recently, I’ve found that a piece of fruit does the trick too. You know- a whole cucumber, watermelon or a 2 lb uncut pineapple. It just needs something that just broadcasts “Made by an idiot.” Because it’s not the quality of the product, but the branding that generates repeat business!

DittoBox says:

Re: Re: moron in a hurry to satisfy a sweet tooth

You’re missing the point.

The “brand” per se isn’t just a logo but what the logo means to the customer. Brand loyalty comes from owning a good quality product from a given company, and then subsequently purchasing more of the same product or other products from that company. A brand is what the company stands for in the marketplace and not just fancy logos and sleek marketing, it’s collective consumer experience with a company’s products.

The visuals are just reminders that what you’re buying is produced by that company.

So if one small cupcake boutique bakes Damn Good cupcakes with a unique look to it, and finds that the community identifies that look with their product and business they will trademark it. The community now identifies that look with that business and their quality cupcakes. If some cut-rate cup cake company begins selling similar looking cup cakes that taste like shit, it damages your brand.

Going after a trademark violation like this protects customers from buying terrible cup cakes.

What’s so wrong with that?

Ima Fish (profile) says:

Re: moron in a hurry to satisfy a sweet tooth

I’d agree in some circumstances. However, was this so called trademark registered? Did each cupcake use the corresponding cupcake ® (circled R) mark?

If it was not registered, then did each cupcake have a corresponding use TM mark?

And here’s another problem I have, is this mark widely known enough to cause any confusion in the marketplace? According to the article the company is a niche market (to the rich, who make up a small and increasingly smaller population in the US) so the vast majority of consumers would not be confused.

ehrichweiss says:

Re: Re: moron in a hurry to satisfy a sweet tooth

You’re right about the fact that a MAJORITY of consumers wouldn’t be confused. When they updated the Trademark code they did 2 things: they changed it to make it so that “likely” dilution of trademark was an option, but then they made the stipulation that it be a nationally recognizable trademark. Sprinkle’s is likely gonna lose this one.

Anonymous Coward says:

Re: Re: moron in a hurry to satisfy a sweet tooth

It does not have to be a nationwide issue, if the primary market area can be confused, that sounds reasonable to me. If the people I market my trademark to are at risk of being confused then it seems like a proper application. Service area is not a factor.

Anonymous Coward says:

Re: Re: Re: moron in a hurry to satisfy a sweet tooth

It does not have to be a nationwide issue, if the primary market area can be confused, that sounds reasonable to me. If the people I market my trademark to are at risk of being confused then it seems like a proper application. Service area is not a factor.

Interesting point, but does Sprinkles then own said design on a national setting? Because that’s what trademark grants.

Paul says:

Re: moron in a hurry to satisfy a sweet tooth

How often do people buy cupcakes of unknown origin? Its either made by the shop that’s selling them OR its clearly labeled if its in a shop that sells multiple brands.

Maybe if someone on a street corner was selling them I can see people getting confused. Or maybe if it caters to the stars, its gotta worry about press, “Angelina Jolie spotted eating a Famous Cupcake!” but OH NO, it was a Sprinkle’s Cupcake!!!

hegemon13 says:

Re: moron in a hurry to satisfy a sweet tooth

IF the cupcakes looked anything alike, I might agree. However, simply putting something in the center of the frosting on top is not a reasonable trademark, and that’s the extent of the similarity to my eye. Maybe I’m missing something.

I think Sprinkles is mostly angry that someone else copied their business plan of selling overpriced cupcakes in little individual boxes. Maybe Starbucks should sue all the other $4-a-cup coffee shops out there.

Tim Malloroy (user link) says:

Sprinkles is well known here in California. I understand their concern. People here associate the symbol with Sprinkles cupcakes and for a rival company to use the same or very similar symbol or design in a similar manner is improper.

But, being a libertarian, I think, “Did they contact the rival and ask them to stop first or offer a compromise?” Not likely in todays litigious state of affairs.

Dale says:

No Candy

Note that Sprinkles cupcakes puts a candy “Modern Dot” on top of every cupcake they sell. Famous Cupcakes does not use the candy dots on their cupcakes, but instead uses a “nested circle design” element on their packaging and website. It you saw the two cupcakes side by side, sans packaging, even a moron in a hurry would never mistake one for the other.

Josh says:

I'm ashamed to admit that I know about this sort of stuff

For those who don’t live in LA, this might seem like a joke… but LA operates by its own set of rules.

High-end cupcakes are big business. These things go for at least $3 each and the tiny storefront routinely has a line that stretches around the block.

Besides being a particular type of sugar rush (i.e,. the frosting has a distinct taste, only certain flavors are available each day), the Sprinkles brand is deeply enmeshed in the town’s gifting economy (e.g., “thanks for getting me this audition… have a gift basket”). The national attention from Oprah, etc. has made them into luxury items.

However, not everyone who gives/gets these things actually eats them (carbs are a sin). Therefore, being able to tell just from sight that you’re dealing with the authentic article is important. It’s pretty much the same as getting a real vs. knock-off designer handbag as a gift – while they’re both functionally the same, the knock-off has much less value as a status symbols.

I hate to admit it, but this seems exactly like the “moron in a hurry” test is designed to protect. Moreover, judging from their site, it seems that Famous Cupcakes seems to be setup explicitly as a knock-off.

drkkgt says:

Re: I'm ashamed to admit that I know about this sort of stuff

really? cause looking at the two sites, they seem very different to me. Different icing layouts, different colors, even the page them selves are different layouts. Even looking at the cupcakes themselves, seems like most of the famous ones use some type of theme for it’s toppings, from little santas to trees, etc.

Anonymous Coward says:

Re: @Mike

You missed the point where he said he believes people wouldn’t get confused. Plus, I think I’m gonna put a single dot on my cupcakes and then trademark that. Or maybe i’ll but a dot in a circle, in another circle and trademark that. Or hey, why stop at cupcakes? lets go to regular cakes. I’ll trademark “Happy Birthday” on them. Cause you know, I doubt the world never saw a dot on a cupcake before. They’re on cheap cupcakes too. I’m not entirely sure if they are the pioneers of it.

So yea… this could very well be an abuse of trademark law. However, if you’re going to throw out all those assumptions as fact (that another company is copying, people are getting confused, or your unsaid assumption: that they were even the first ones), then yea, it wouldn’t be. But you set up your argument with certain assumptions so your conclusion can’t be wrong. You’re a tricky debater, so while your sentence has a logical conclusion, its your assumptions that are questionable.

Twinrova says:

Hypocrisy strikes again.

Isn’t the whole damn purpose of a trademark is to protect a company’s identity so consumers aren’t confused?

You may think a bullseye on a cupcake is insignificant (and I don’t appreciate the mockery of this blog) but I’ll bet you’ll be completely upset if someone stole Techdirt’s trademarks and passed it off as their own.

Delete this blog. It doesn’t belong on THIS website.

Ronald J Riley (profile) says:

"And are they starting to sag?"

Yep. I think that the quality of Mike’s writings has been sagging for a long time. I am not sure it has much further to go.

Ronald J. Riley,

Speaking only on my own behalf.
Affiliations:
President – http://www.PIAUSA.org – RJR at PIAUSA.org
Executive Director – http://www.InventorEd.org – RJR at InvEd.org
Senior Fellow – http://www.patentPolicy.org
President – Alliance for American Innovation
Caretaker of Intellectual Property Creators on behalf of deceased founder Paul Heckel
Washington, DC
Direct (202) 318-1595 – 9 am to 9 pm EST.

Dean (profile) says:

of morons and trolls...

Two points. First, actually, yes, a moron in a hurry might be confused by the cupcakes. It actually sounds like a consumer confusion (for a change).

Second, reading the comments here has become next to impossible with all the patent trolls and their witty banter circling about. Can you finally take your own advice and implement some form of moderation?

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Ctrl-Alt-Speech

A weekly news podcast from
Mike Masnick & Ben Whitelaw

Subscribe now to Ctrl-Alt-Speech »
Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Loading...