Etsy's Handmade Blog
You Be the Judge: Sweet Trademarks
Story by SarahSays
Published on December 30, 2008 in Reviews 		Photo by

Anda

Most of us may associate the word “trademark” with certain products (like the logo on a sneaker, the design on can of cola, or a symbol handbag) and these trademarks help identify the creator of the product.  In this “You Be the Judge,” we investigate the trademark of a delicious sugary cupcake decoration.     

Sprinkles Cupcakes is a cupcake bakery with roots in California.  Although the author of this article has not had the opportunity to sample the delicacy, Hollywood seems to adore the cupcakes.  According to Sprinkles, in October 2004, the company started using their “nested circle design” to indicate the flavor of the mini-cake.  Sprinkles registered the design for trademark protection in April 2007.

Famous Cupcakes is also a cupcake bakery (and again, unfortunately the author cannot attest for the quality of these cupcakes).  According to the website, the owner of Famous Cupcakes began selling her sweets door-to-door over 20 years ago at the age of seven. 

In a federal lawsuit filed in August, Sprinkles alleges that Famous incorporated the "nested circle design" on Famous’ packaging, store decor, and website. 

Although you may need a taste test to fully judge this case, in the case of the cupcake circles, You Be the Judge. Click here to see Famous' graphics on their website and Sprinkles' here.

What's your take on the controversy? Leave your thoughts in the comments!

Tags copyright, cupcakes, graphics, infringement, law, lawyers, legal info for artists, Reviews, REVIEWS, selling, sprinkles, trademark, You be the Judge
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78 comments     Login to add your own!

Dec. 30, 2008 at 11:29 a.m. ChelseaVanTol

very cute

Dec. 30, 2008 at 11:35 a.m. LORiOLA

drat.
now I want cupcakes!!

Dec. 30, 2008 at 11:40 a.m. cakelove

they don't really look that similar - that of sprinkles is very distinct and particular (geometric/graphic design-esque) and i wouldn't even make any association between the two if i didn't know about this case. i'd be inclined to drop this case :)

Dec. 30, 2008 at 11:42 a.m. purplelemondesigns

I am sure that I really see that much of a similarity either...I do really want a cupcake now...

Dec. 30, 2008 at 11:42 a.m. KellesKitchen

Ha ha. This is incredible. I wonder if i can trademark putting a rectangular label on soap and then sue someone for using rectangular labels?! Their identification methods seem different to me! Nom nom nom. Looks like someone is making cupcakes today!

Dec. 30, 2008 at 11:42 a.m. parallelbotany

The only similarity I can see is that both cupcakes have a single confetti decoration type thing on the top. The frosting is applied very differently. Famous has a big fat swirl of icing, Sprinkles icing is smoothed over.

Dec. 30, 2008 at 11:43 a.m. LaveMeSoapCo

well, seeing that i personally don't like cupcakes, i think that people are being silly nilly over nothing.

Dec. 30, 2008 at 11:45 a.m. babyannequilts

nope. I don't see it. I don't see a close enough resemblance to the Sprinkles circle logo on the Famous website.

Dec. 30, 2008 at 11:47 a.m. ArtWhims

hmm... that is interesting. I understand when a business wants to remain unique, and with graphics on the packaging it makes a little sense, but as far as the food itself, I wonder. I guess what would be of question here is if the circle in the center is what makes the cupcakes recognizable as the company's or not.

Dec. 30, 2008 at 11:50 a.m. moonofglass

I see what you mean. They are different, though, if only based on the angle of the photo.

Dec. 30, 2008 at 11:52 a.m. beachhouseblues

Makes me want sweets!

Dec. 30, 2008 at 11:57 a.m. waltersbeads

dont go crazy over nothing. there are more important things in life ;-)

Dec. 30, 2008 at 11:57 a.m. ImogensGarden

i have been fortunate enough to sample a Sprinkles cupcake (thank you, Dr. Phil), and i gotta tell you, they are delicious!! that said, i would recognize a Sprinkles cupcake at 20 paces, and the Famous ones (haven't had the pleasure unfortunately) don't look a darned thing like 'em. if i were the judge, i'd drop this one.

Dec. 30, 2008 at 11:58 a.m. GemmaBeads

Whole lotta hoopla that cost money and time. If they spent that much money and time towards something positive like giving back the same money and time to better their community, they would both be winners. Then, their "trademark" would be more than a stylized version of their product.

Dec. 30, 2008 at noon BabbidgePatch

Well, while very similar logos for both ~ is it really worth it for a lawsuit for either of them. Never mind the expense ~ the potential 'negative' associated with that type of action! So let their customers be the final judge by repeat orders from thier favorite baker.

Dec. 30, 2008 at 12:01 p.m. christinececelia

Mmmmm! I love cupcakes!!!

Dec. 30, 2008 at 12:08 p.m. piccoladonna2006

Very yummy!!! Interesting article!!

Dec. 30, 2008 at 12:11 p.m. Sumikoshop

ohh..I LOVE CUPCAKE !!!

Dec. 30, 2008 at 12:13 p.m. ByBethany1990

I concur, the two seem different enough to me.

Dec. 30, 2008 at 12:17 p.m. faeriesfolly

Circles =/= Flowers...

that said, this article DOES = a burning need for some cupcakes. haha ;)

Dec. 30, 2008 at 12:23 p.m. eraseandrepeat

i'm craving for a cupcake! yummmm..

Dec. 30, 2008 at 12:33 p.m. esdesigns

Did they change their website already? I don't see any nested circles. They seem to be replaced with stars now.

Dec. 30, 2008 at 12:35 p.m. maybeads

Mmmmmm, cupcakes!

Dec. 30, 2008 at 12:48 p.m. bombalurina

Boy, Target corp. is in for it next, those are some nested circles.

This is a frivolous and harrassing suit. Maybe you can TM the insertion of circular identifiers into the cupcake icing, but nested circles are an incredibly common graphic design element.

Dec. 30, 2008 at 12:49 p.m. paperelle

I don't see it, did they change it? Either way something as generic as circles would be tough to protect. And this is giving me a major sweets craving!

Dec. 30, 2008 at 12:56 p.m. wildanimus

Sprinkles Cupcakes is pretty much notorious for going after other bakeries. They will tell another cupcake shop to stop using "sprinkles" in their name, or stop using a dot motif. It's ridiculous. Do a Google search and you'll see. Cupcakes are supposed to be fun! Not something to sue over!

Dec. 30, 2008 at 12:57 p.m. FrecklesKelly

What a bunch of crybabies at Sprinkles. They really don't look anything alike, other than Famous using one circle inside of another for their logo. -And I think stars are more the focal point and not the circle they're in. If they're going to get that touchy about it, maybe they should look out for a lawsuit from Target.

Dec. 30, 2008 at 1:16 p.m. edithweezie

Um, it's just frosting. I'd be more concerned if they were knocking off my recipies. Bad Sprinkles, BAD!

Dec. 30, 2008 at 1:19 p.m. clevergirl

Totally frivolous suit...

The only similarity is that they both use circles and the color brown in their labeling.

Is Sprinkles going to sue brown m&m's next?

I would never confuse the two brands- from what I can see their demographic and style are worlds apart... The brown circle (and the brown circle with the serrated edge) appear to me as generic design elements and what they do with them is quite different...

Also, the cupcakes have a much different style... One looks very chic and modern and high-end, the other looks boisterous and big haired (for lack of a better way to describe the cone of frosting atop the cupcake in quesiton)... Clearly a different aesthetic...

Now if one of the companies had a patent on cupcakes, then it would be worth discussing...

But yeah. I think someone has too much time and money on their hands to pursue this one...

Dec. 30, 2008 at 1:53 p.m. AmyWilliamsDesign

I don't see the problem myself, they are obviously different in all aspects except they both make cupcakes. Hope it gets thrown out.

Dec. 30, 2008 at 2:17 p.m. StelmaDesigns

It's ridiculous and if I had a chance to buy a Sprinkles cupcake, I would definitely pass after reading this. It's greed and negativeness I don't support in these types of businesses. It's a CUPCAKE for heavens sake!

Dec. 30, 2008 at 2:23 p.m. LaireMarie

StelmaDesigns I totally agree with you...soe people need to just relax...

Dec. 30, 2008 at 2:26 p.m. AchAchLiebling

I think it's unethical when companies use their enormous wealth to strong-arm their competition in a court of law so that they can avoid having to compete in the open market.

Bullying lawsuits, like this one, abetted by a big business-friendly regime of IP laws and jurisprudence that allow corporations to loot the public domain and trample upon common sense are anti-democratic and anti-competitive and hurt consumers as well as small businesses.

Sprinkles, go frost yourself.

Dec. 30, 2008 at 2:32 p.m. inkadinkadoodle

We have to agree with the majority! I really don't see the problem... and we have had Sprinkles cupcakes - we don't like them and now we don't like the company either! We don't like copycats either, but tell ourselves to settle down and take it as a form of flattery.

Dec. 30, 2008 at 2:37 p.m. RachelRose

They don't look at all alike to me, I would drop this silly lawsuit. Anyway, cupcakes for everyone, there is enough to go round:)

Dec. 30, 2008 at 2:38 p.m. MoyerQuilts

Look different to me. I would drop the case if I was the judge. I think trademarks are important but they look different.

Dec. 30, 2008 at 2:39 p.m. SillyDolphinsJewelry

Oh my! This article mostly made me hungry!

I was wondering--confectioners have been using designs on their chocolates for ages to denote the flavours inside their sweets, so are these designs copyrighted? If they are, there must be guidelines for how exact they must be.

I don't think these are very similar.

Dec. 30, 2008 at 2:42 p.m. InuInspirations

They don't look similar to me either. Seems like one of them is just trying to get rid of the competition since they are both in CA. I would have never confused one for the other.

But it does make me want cupcakes now!

Dec. 30, 2008 at 2:48 p.m. ValeriesVaria

I don't see the similarity either. Both sites are distinctive enough that I wouldn't confuse them.

I am now hungry for cute little cakes.

Dec. 30, 2008 at 2:58 p.m. littlelakecompany

I don't see any similarity, really, except for the "cupcake calendar" thingy where each company lists their flavors and the days on which they are available. That area could be ripped off, I guess. But the only cupcakes for me are those from the MAGNOLIA BAKERY in NYC. They are to die for. (and all you Sex in the City fans know what I'm talkin about)

Dec. 30, 2008 at 3:01 p.m. candlejan

How silly! I have to agree with the majority here...not similar at all. And if I came across a Sprinkles, don't think I'd waste my money. Sound like bullies to me.
Now, where did I put that cupcake pan!!

Dec. 30, 2008 at 3:16 p.m. soolkadesigns

I dunno. I can see the similarities--brown, round, crinkle cup thing going, the thin sans serif retro looking font, but come on. I agree with most here--Sprinkles is obviously the 5000 lb gorilla, so chill out Sprinkles! I don't really see how you can trademark all the stuff I listed above. Yes, the entire look is somewhat similar, but I could argue that whoever did this retro cupcake look "first" ripped it off from somewhere else. If Dr Pepper and Mr Pibb can hang together, why can't Sprinkles? Can't we just GET ALONG?

Dec. 30, 2008 at 3:28 p.m. fortheloveofflowers

I must say that l don't see how they could have been granted a patent on their cupcake design. There are only a few ways to put frosting on the top of a cupcake. And l would just bet that millions of american mothers have frosted cupcakes that match both of these bakery patterns. The only difference in the two is the design set in the middle of the cupcake, and as long as neither of them use the center design on their cupcakes, then l see no one trying to rip the other one off. Next thing you know they will be warning millions of mothers to stop making cupcakes for their children because of copyrite infringement! But hey this is just my take on the whole batch of batter woes.

Dec. 30, 2008 at 4:19 p.m. phydeaux

I honestly don't see a similarity in the circle within a circle graphic, but that doesn't mean Sprinkles won't win their suit. If they have a trademark and make an argument that the court supports, then Famous Cupcakes will have to change their website. It makes for an interesting case - the "big guys" vs. the "little guys," with the big guys legally protecting their trademarks/etc. Corporate lawyers make very big bucks and for good reason - protecting the corporation! (That doesn't make it right.)

Famous Cupcakes very definitely uses a cupcake flavor chart very similar to Sprinkles, which will likely come up during the course of their case!

Dec. 30, 2008 at 4:22 p.m. mummus

I can't believe there's a law suit over cupcake decorations! I guess we better put our cupcake topper off-centered or we might get sued. I really want to eat a cupcake now...

Dec. 30, 2008 at 4:54 p.m. UrbanPrincess

People can be bitter... but those cupcake sure look mouth watering! I would order from both of them.

Dec. 30, 2008 at 5:03 p.m. CraftyAlienPatterns

If using a circle in a circle decoration to identify the cupcake (or cupcake BRAND) then the suit should be awarded to the company who can prove first use. Even if Sprinkles trademarked it first and Famous has not, if Famous can prove first use, they win.

(It's not about the logos, it's about the center mark decoration on each and every cupcake both businesses make.)

Taking this to court COULD very well backfire for Sprinkles if Famous can prove that this is their trademark (whether registered or not).

Dec. 30, 2008 at 5:20 p.m. timesandchimes

Oh my the drama! I don't care who came up with it first, I just want to eat cupcakes.

Dec. 30, 2008 at 6:40 p.m. JetWhitePonytail

Hey There Cupcake!
I'm with the majority, these cupcakes are easily distinguishable and uh if they have any more questions, I'm available for blind taste testing to further remedy the situation....

PS, I got a cupcake trinket box from Arriving Angels and can testify that it is 100% fat free and completely fabulous!
http://www.etsy.com/view_listing.php?...

Dec. 30, 2008 at 6:46 p.m. happywhosits

I have personally been making cupcakes with some design in the middle of the icing all my life (that's 50+ years). I never heard of either of these companies, and I don't see that much similarity. I don't think Sprinkles should win this lawsuit.

Eileen...

Dec. 30, 2008 at 7:28 p.m. sarahfburns

I agree with everyone. Who cares, and give me a cupcake!

Dec. 30, 2008 at 7:39 p.m. kellyzkreationz

who cares what a food cupcake looks like it's the taste that counts.

Dec. 30, 2008 at 7:45 p.m. theRasilisk

I don't think there is enough similarity over the two to make a big deal. Circles are circles, and they are gonna look the same. Oh and cupcakes..., they are circles. Delicious, iced, circles....mmmmm.

Dec. 30, 2008 at 7:57 p.m. laralewis

am i the only one that thought this was a joke at first? i'm guessing not. truth really is stranger than fiction!

Dec. 30, 2008 at 8:37 p.m. IndulgeYourShelf

I think that there's only so much area to work with on the top of a cupcake so ;you have to allow for some similarities between "brands." Their web photos don't look all that similar to me, either! But I really, really want a cupcake now!

Dec. 30, 2008 at 8:45 p.m. LoucheLab

Why not just sue all bakeries for even making cupcakes?! This is ridiculous, really a cup cake is a circular object, they put a circle shape in the middle of a circle, I don't think you can get copyrights for that...

Actually they should sue target for stealing their design in the use of Target's logo...

Dec. 30, 2008 at 9:10 p.m. littleredbear

cupcake soap look so yummmmy!

Dec. 30, 2008 at 9:25 p.m. Rose442

cupcakes are yummo!

Dec. 30, 2008 at 10:09 p.m. IcingOnTheCupcake

Love cupcakes...hmmm, go figure!

Dec. 30, 2008 at 10:48 p.m. kitsandcaboodles

Is it wrong to want to eat that cupcake soap??!

Dec. 30, 2008 at 11:13 p.m. Leelinau

cupcake soap would drive me insane they look so real.
too cute! ^__^

Dec. 31, 2008 at 6:32 a.m. OurHandsToYours

The cupcakes are not very similar at all. There is an obvious difference in the cupcakes, as well as how the so-called "circle design" is presented on the websites. Sprinles' website seems to revolve around this circle design, while Famous' does not. As others have commented, I echo: I don't think there's much of a case here; drop the law suit. Life's too short!

Happy New Year!!!!!!

Dec. 31, 2008 at 8:42 a.m. susanegar

Sprinkles sues everybody. They have another lawsuit going on because someone has the word "sprinkled" in the name of their cupcake shop. ...As if they own the word (and all variations) "sprnikle" OR the idea of putting a small fondant anything in the middle of their cupcakes (Crave Cupcakes, anyone?)
*sigh*
Sprinkles...just let us enjoy cupcakes. You're already a bajillion dollar company...let the rest of us just.eat.cupcakes.

Dec. 31, 2008 at 10:58 a.m. PChristensenGallery

Definately a frivolous lawsuit. Much more important & constructive things to focus precious time and energy upon...

Dec. 31, 2008 at 11:55 a.m. LucilleandCecilia

I'll be interested to hear how the lawsuit turns out. I've had the Sprinkles cupcakes and they're pretty good. I think that they're worried that concentric circles are such a natural fit for a cupcake decoration (it being circular and all) that everyone will start to make cupcakes like that.

But I have to say, if they really are suing all over the place, that makes me lose respect for them. Aren't cupcakes supposed to be fun? If your recipe outshines everyone else's, what do you have to worry about?

Dec. 31, 2008 at 2:07 p.m. PaintedHorse

Very interesting article... I want a cupcake and I want it NOW! ":^)

I do not see the similarity at all - I think the lawsuit should be dropped, but for heaven's sake, don't drop the cupcakes!

Dec. 31, 2008 at 5:56 p.m. MadMaggieDesigns

Interesting article.......now I just want cupcakes though! Thanks!

Dec. 31, 2008 at 10:12 p.m. CloudNineCA

i agree, it looks a lot like target's logo, too. this one's a little broad. and yes, cupcakes. me. now. mmmmmmmmmm...

Jan. 2, 2009 at 4:40 p.m. teelady

Oh the websites don't look alike at all to me. I don't get it. It was like Donald Trump trying to tm the word Your fired wasn't done. Oh well I guess people have to have something to complain about. Happy New Year everyone have an etsy day.

Jan. 5, 2009 at 1:15 p.m. starttounlearn

I think they each have their own funky, fun feel. Art is art and sometimes we are going to step on each other's toes, hopefully not intentionally. So many things have not only been done but also said before. The beauty of etsy is how it encourages the original and spotlights all out own personal takes on things. But I guess sometimes people do get territorial, especialy about cupcakes ;-)

Jan. 10, 2009 at 11:46 a.m. ohmywonderful

just because the logos are both round doesn't mean the idea was stolen. eat cupcakes and be merry!

Jan. 25, 2009 at 1:55 a.m. lillyshaystyle

It just comes down to greetiness, I think. Who cares about a circle anyway? Whichever is the yummiest will win in the end.

Jan. 25, 2009 at 1:55 a.m. lillyshaystyle

Oop! I just realized how late I was to post something here!

Feb. 13, 2009 at 6:38 p.m. VinesandThings

theirs nothing wrong with wanting to protect all your hard work and all the time you'd invested .and artist to artist we should at all times respect others ,their hard work,their time invested,and their ideas,and their passion they have in what they do!and sorry ,if you're not trying to steal someone's idea and hard work and all the time they have invested ,you wouldn't have a problem straightening it out with the other person!!!!!!!

Feb. 27, 2009 at 5:22 p.m. AutumnUK

If I came up with a circle inside a circle, all on my own, could someone say I stole the idea? Can I copyright a circle?

Feb. 28, 2009 at 6:13 p.m. mamaslittlemonkeys

I want to trademark and copyright and patent breathing. You all owe me a gazillion million dollars....

:)

March 2, 2009 at 8:36 p.m. ferosferio

I don't think I would confuse one company with the other. Their styles are quite different. shrug.

March 24, 2009 at 11:43 p.m. rocksntwigs

so who own the copyright on the candy bars, thy all have swirls to tell the difference of the flavors, ie see's mars etc cany anyone

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