photo by John Dickson/santabarbara.com
Here we go again...
According to the Los Angeles Times, Sprinkles is going after the newly-opened Sprinkled Pink Cupcake Couture in Montecito, California.
Three-year-old Sprinkles most recently set its sugary sights on Sprinkled Pink Cupcake Couture in Montecito. Last week, just one day after Wendy Jones opened her shop, she received a letter from Sprinkles demanding that she change the name of her bakery, which she registered when she got her business license in 2003.
"They're going too far," said Jones, who hasn't decided how to respond to the letter. "I'm sure they're protecting themselves, but there's a whole big United States out there. There's room for other cupcake shops. They shouldn't be bullying around or picking on little people like us. . . . I really honestly don't think they invented the cupcake."
All told, lawyers for Sprinkles said, they have sent about a dozen similar letters to shops around the country and filed three lawsuits, including one last month against Famous Cupcakes in North Hollywood for using dots in its packaging and throughout the store.
The trademarked "modern dot," a circle-in-a-circle piece of candy that sits atop every Sprinkles cupcake, helps eaters tell the difference between flavors like lemon coconut and red velvet.
Also of note (but do read the whole LAT piece):
Her sweet shop is dripping in hot pink, and her $3.50-a-pop cakes have whimsical names such as Peanut Butter Yumptious and Whipple Scrumptious. They're stuffed with cookie dough and peanut butter cups and are "ooey-gooey yummy," Jones said.
Sprinkles, on the other hand, has a sleek, modern look. Its $3.25 cupcakes are frosted smooth, with sparse embellishments -- only sprinkles or coconut -- and the modern dot. The texture is more cake- or muffin-like, with frosting so popular the store sells it by the shot.
"If anyone had ever been to Sprinkles, they would never mistake my store or my cupcakes," Jones said.
That's what the owners of Famous Cupcakes in North Hollywood said, too, after Sprinkles sued them last month for using dots in their packaging and decor.
Comments
Debbie/Phx AZ
http://en.wikipedia.org/wiki/Trademark#Maintaining_trademark_rights
Note the bit that says:
'In the case of a trademark registration, failure to actively use the mark in the lawful course of trade, or to enforce the registration in the event of infringement, may also expose the registration itself to become liable for an application for the removal from the register after a certain period of time on the grounds of "non-use".'
And although the next bit goes on to say that the trademark owner need not go after every 'minor' infringement, the bit following that says failure to take action before the infringing party has gained notoriety can result in loss of trademark.
Which is more time consuming? Following the progress of every start-up that pulls 'minor' infringements, or nipping it in the bud to begin with?
I've had people 'borrow' bits and pieces of my ideas and pass them off as their own. Doesn't feel good.
P.S. What a wordy name. How about just 'Pink Cupcake Couture', or 'Cupcake Couture', or if they insist, 'Tickled Pink Cupcake Couture'. All cute... and not as obvious.
That makes, what four of us in comments alone stating we won't go to Sprinkles now?
I can only imagine how many customers they are going to lose in the long run.
Not enough, sadly.
Anyone who says they won't go to Sprinkles now should get ready to change their entire life, because if you stop supporting any business that ever sued for trademark infringement, you'll have nowhere to go!
Wake up!
They have aggressively sued small cupcake stores for totally frivolous reasons - and that is NOT good business. I don't think you can trademark a dot - if anyone owns it - it's Target. And Sprinkled Pink was a registered business since 2003 - long before there was a Sprinkles.
Right now Sprinkles is in active litigation with 2 cupcake stores in California - sure doesn't have warm and fuzzy vibes.
Do you have any idea what it costs to sue and be sued? Picture Sprinkled Pink --- they were a small catering business for years and finally put their heart and sole into opening their first store and 6 weeks after they were open - got a letter from Sprinkles.
My take is that all those Hollywood personalities - will not want to be associated with a cupcake store that is headlined in the LA Times. A smart agent would tell their celebrity clients - go elsewhere for your sweet needs.
And for the rest of us - who are just regular folks - I say - let's not support a bully.
Talk about being self-absorbed...
Next thing you know, they'll be suing my dog for sprinkling on the carpet.
http://obscurestore.typepad.com/obscure_store_and_reading/2008/09/sprinkles-gets.html
I imagine that if Sprinkled Pink Cupcakes was one of the first, if not the first BIG cupcake shop in the US they would be acting the same way… Sprinkles is just protecting themselves…
Cupcakes are the new trend and business owners are jumping on that right away… I think the lawsuit is not necessary only because I’ve tasted from both shops. Both are very good and very different. Would I still drive two hours to the nearest Sprinkles…? YOU BETTER BELIVE IT!