Sprinkles Cupcakes loses first round of lawsuit against Famous Cupcakes

Sprinkles cupcake

from NBC Los Angeles:

A Los Angeles federal judge denied a motion by a Beverly Hills bakery credited with kicking off the gourmet cupcake craze in the Southland to force a rival cupcake maker to drop the dot motif it uses in its packaging, store decor and Web site.

In the trademark infringement lawsuit filed in August in U.S. District Court, Sprinkles, a purveyor of pastries touted by Hollywood stars, accused Valley Village-based Famous Cupcakes of stealing its trademarked circle-on-a-
circle design in order to lure customers away.

According to the suit, Famous incorporates the same "modern dot" design featured on every Sprinkles cupcake in its own packaging, store and on "each and every page" of its Web site.

U.S. District Judge Percy Anderson was asked to consider a motion arguing that because Famous is apparently not fighting the complaint and has never responded to Sprinkles' attorneys, he should go ahead and order the company to drop the dot once and for all.

It's not dough Sprinkles is after -- the company wants to keep its federally trademarked concentric dots to itself.

Comments

Funny... there's a cupcakery in England (I think in London) that has almost an identical dot and reminded me of sprinkles cupcakes when I first saw it... The copyright law wouldn't work across the pond if Sprinkles hasn't bought an international copyright, though... So I think they're safe...
hum....I don't want Sprinkles to win...I don't like them for doing this.
They think they started the gourmet cupcake craze....????
I've been eating cupcakes my whole life!!!!!!!! and NEVER once a Sprinkles cupcake.
Anonymous said…
How can you trademark a dot when Target owns it!
Anonymous said…
I posted as anonymous - your identity system is NOT working. Please fix. Thanks.
Jaelyn said…
I have eaten Sprinkles cupcakes in the past, and I might have again (they're just okay for me), but I will NOT be eating a cupcake from Sprinkles again. They are being ridiculous.
I agree with everyone... Sprinkles is going to give cupcakes a bad name. I was so mad when I heard they were sueing people. Cupcakes are all about love and happiness and being a family. I'm glad Famous is winning this.