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Good news for the best cupcake storefront in town: a federal judge yesterday dismissed Beverly Hills' Sprinkles trademark infringement case against Famous Cupcakes in Valley Village "citing problems with Sprinkles' court filing," according to CBS2. Famous uses a dot within a circle design on their packaging and website, but Sprinkles says the have a copyright for that and uses the design on their own cupcakes. But this is not the end of it: "attorneys from Sprinkles said they plan to refile the motion after making the required corrections."
Judge Denies Cupcake Lawsuit, Sprinkles to Try Again
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Isn't a dot within a circle the Target trademark?
Trademark consists of more than just the shapes (or else they wouldn't have gotten it in the first place).
I'm sure their trademark includes the size, the colors, and the USE (toppings on a cupcake).
Therefore, Target is not in breach of a cupcake trademark, unless Target starts selling cupcakes at the store with their Target red and white dots on the top. THEN you would have a great lawsuit on your hands - that i'm not sure of the outcome.
From what I can see the "Sprinkles" trademark does not limit itself to only two colors. It is also more a small dot superimposed upon a larger dot. The larger dot has twice the radius of the small dot. Not much of a trademark in my opinion.
I object to the RadioShack trademark due to it's overly simple design as well.
It's nothing more than the registered trademark logo with an offset "R." I'm surprised no one has challenged that.
If companies can't spend a few bucks on a good design maybe they shouldn't bother with one.