For every person who said not to worry about the whole Babycakes name issue, and there were many of you, this lawsuit is precisely why you should choose an original name for your bakery. And at this point, Babycakes really needs to be retired, it's enough already. Just to be taken seriously, it kindof helps to come up with an original idea, not only to have it stand out in the cupcake marketplace, but so you have a story to tell, so you have a reason behind the name, one that makes sense and goes with the feel of the company you are trying to create.
Cupcake Fetish has a great list of duplicate bakery names. Those starting a bakery would be wise to study it. It's not just a matter of confusion, it's about setting yourself apart. I'm not quite sure why someone would want to piggyback on someone else's name, such as the Johnny Cupcakes vs. Johnny Cupcakes matter. (I'm not speaking here of this specific Gigi's Cupcakes case, which you can read about below and make up your own mind about, but in general.) And that is just my (Rachel's) opinion, though I stand by it.
I think this is also a lesson, whether you're starting a bakery website or a blog or any kind of business: If you want a domain name, register it ASAP. Like, as soon as you think of it. It's cheap, it's easy, and then it's yours. Don't wait or else it may not be available when you do want it.
Anyway, this is from the Nashville Scene about the latest in cupcake lawsuits:
Boutique-cupcake-baker Gina Butler, proprietor of Gigi's Cupcakes, has asked the federal district court to open a bottle of finest Madagascar whup ass on another business called Gigi's Cupcakes for the infraction known as cybersquatting.
Butler's suit claims she owns the mark "Gigi's Cupcakes," registered in October 2007 with the U.S. Patent and Trademark Office. Another cupcake baker known as "Gigi's" and based in Scotch Plains, N.J., registered the mark "Gigi's" with the patent office in May 2008, then set up a website called Gigiscupcakes.com.
Butler's suit claims, in essence, that Jersey Gigi's only owns the "Gigi's" part of the name.
Gigi's Cupcakes is a small chain of three shops (Nashville, CoolSprings, Spring Hill) with two more on the way, including an out-of-state location planned for Palmdale, California, and franchising opportunities.
Images via Nashville Scene (above, Gigi's Cupcakes in Nashville, below, Gigi's Cupcakes in Scotch Plains, NJ)
Cupcake Fetish has a great list of duplicate bakery names. Those starting a bakery would be wise to study it. It's not just a matter of confusion, it's about setting yourself apart. I'm not quite sure why someone would want to piggyback on someone else's name, such as the Johnny Cupcakes vs. Johnny Cupcakes matter. (I'm not speaking here of this specific Gigi's Cupcakes case, which you can read about below and make up your own mind about, but in general.) And that is just my (Rachel's) opinion, though I stand by it.
I think this is also a lesson, whether you're starting a bakery website or a blog or any kind of business: If you want a domain name, register it ASAP. Like, as soon as you think of it. It's cheap, it's easy, and then it's yours. Don't wait or else it may not be available when you do want it.
Anyway, this is from the Nashville Scene about the latest in cupcake lawsuits:
Boutique-cupcake-baker Gina Butler, proprietor of Gigi's Cupcakes, has asked the federal district court to open a bottle of finest Madagascar whup ass on another business called Gigi's Cupcakes for the infraction known as cybersquatting.
Butler's suit claims she owns the mark "Gigi's Cupcakes," registered in October 2007 with the U.S. Patent and Trademark Office. Another cupcake baker known as "Gigi's" and based in Scotch Plains, N.J., registered the mark "Gigi's" with the patent office in May 2008, then set up a website called Gigiscupcakes.com.
Butler's suit claims, in essence, that Jersey Gigi's only owns the "Gigi's" part of the name.
Gigi's Cupcakes is a small chain of three shops (Nashville, CoolSprings, Spring Hill) with two more on the way, including an out-of-state location planned for Palmdale, California, and franchising opportunities.
Images via Nashville Scene (above, Gigi's Cupcakes in Nashville, below, Gigi's Cupcakes in Scotch Plains, NJ)
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