cupcakes - copyright infringement allegation - what do you think??

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By 03 Nov 2009 19:18	cupcakes - copyright infringement allegation - what do you think?? Dear all I have set up a home based cupcake business - selling at farmers markets, weddings and events. I also have a website on which i have used the term '24 carrot cupcakes' to describe my carrot cake. All my cupcakes have quirky names and i have seen this phrase used countless times for carrot cake/cupcakes. I have now recieved two threatening e mails from a person running a cupcake business in the same city - she alledges i have breached her 'copyright 'of this generic phrase and goes so far as to say that i'm 'passing off'' my cupcakes as being hers because i'm using this phrase. I do not believe she has any rights to this phrase whatsoever but i would be very interested in the views of the cupcake community on this matter. What do you think? Thanks for taking the time to respond xx Reply Quote
By Welshcookie 03 Nov 2009 19:26	Copyright She's trying it on, isn't she? Is it her registered trademark? If you are really worried why not add your name - eg sue's carrot cupcakes? To be logical if it were possible to copyright it Tesco could not sell 6 bread rolls or Danish Pastries without infringing something. Reply Quote
By MaryL 03 Nov 2009 20:57	Copyright Infringement I'd tell her that you want to see a registered copy of her trademark. There is no reason to take her word for it--she sounds like a bully. If I were in a similar situation with a person infringing, I'd send them a "cease and desist" letter with proof of the copyright. That's usually the way it works in these cases. You just don't threaten and harass people. Or even better, have your attorney write a telling her to put up or shut up. Reply Quote
By 03 Nov 2009 21:20	cupcakes - copyright infringement allegation - what do you think?? Many thanks for these replies so quickly, i appreciate it. It is my belief too that she is being bullying but aside from that is wrong in asserting any such copyright exists - her position seems to be if she puts anything on her websitr then she has copyright of it. It's an unnecessary hassle for me though when i'm starting up - part of me thinks - just change the name and don't think any more about it but then i don't want her to feel she can bully me especially when i'm sure she has no grounds for this. XX Reply Quote
By MaryL 03 Nov 2009 21:43	Copyright Infringement I know it's a mega-hassle, but if she can bully you once into submission, she will probably try it again since you're competition. I think it would be worth the money to have a lawyer write her letter so that you no longer have to deal with this person directly. Reply Quote
By John S. 04 Nov 2009 01:51	24 carrot cupcakes. Passing your cupcakes off as hers eh!, tell her you have no intention at all of doing that because you consider yours to be a superior product, then go on to tell her that if she doesn't quit with the horse---t of copyright nonesense you will be consulting a lawyer with the intention of going to court to sort it out and when she loses she will have to pay the court costs and your expenses. Reply Quote
By titch 04 Nov 2009 13:15	GENERIC PHRASE can you copyright a generic phrase? I suppose if you've got a company name, like say McDonalds and people talk about 'having a macdonalds' and the phrase goes int language,regardless of where you buy your burger, and you then set up a site selling burgers, inviting people to 'get mcdonalded', you are infringing copyright. However, if this lady makes chocolate cupcakes and you do too, you're not infringing her copyright then, because the phrase cannot be associated with her in particular. Unless she somehow bought a copyright for the phrase carrot cupcake, I think she is barking up the wrong tree, and surely wuold have had problems with large companies making and selling carrot cake. Reply Quote
By titch 04 Nov 2009 13:15	GENERIC PHRASE can you copyright a generic phrase? I suppose if you've got a company name, like say McDonalds and people talk about 'having a macdonalds' and the phrase goes int language,regardless of where you buy your burger, and you then set up a site selling burgers, inviting people to 'get mcdonalded', you are infringing copyright. However, if this lady makes chocolate cupcakes and you do too, you're not infringing her copyright then, because the phrase cannot be associated with her in particular. Unless she somehow bought a copyright for the phrase carrot cupcake, I think she is barking up the wrong tree, and surely wuold have had problems with large companies making and selling carrot cake. Reply Quote
By JAMES 04 Nov 2009 13:22	Copyright. I too think she is barking up the wrong tree, but you CAN copyright generic stuff. You can even copyright a colour! My OH did for his last company, no one else in the same industry was allowed to use the same colour as this colour was associated with his product. x Reply Quote
By KitchenQueen 04 Nov 2009 16:10	infringement of copyright Infringing copyright is not the same as hijacking a protected trademark. I would be tempted to do some research before tackling this lady: check out Companies House website to see what her registered company name is (if any), check out any registered trademarks etc. Just browse for Companies HOuse and for trademarks check out The Patent Office - part of Department for Trade (not sure of current name for that Government department, but don't get side-tracked by companies that offer to do the work for you). Armed with any information from the above, then you can reply to this lady. Good luck. "24 Carrot" is quite a common name in all sorts of permutations if you browse on the internet. Reply Quote
By MaryL 04 Nov 2009 21:33	Copyright Infrinegment I was looking around the web for "24 carrot cupcakes" and found a cupcake website in the UK that used that title for one of their cupcakes. On the same website, there is a cupcake called the "Sex and the City" cupcake. Is this your competitor's website by any chance? Reply Quote
By mr anderson 05 Nov 2009 09:48	cupcakes - copyright infringement allegation - what do you think?? No one can have any rights in the words "carrot cake". This is a generic term used in trade and to be given intellectual property rights in these particular words would be problematic. If the IPO did grant rights to someone, then the trade mark can be attacked and revoked. However it appears that this women is not trying to stop you from using the words "carrot cake", but "24 carrot". If she has a registered trade mark for this then she can take steps to stop you using that particular term. You may want to go to www.ipo.gov.uk and run a public search to see if this mark has indeed been registered by the IPO (aka Patent Office). If it hasnt been registerd then you are at liberty to use "24 carrot" for your cakes Reply Quote
By mr anderson 05 Nov 2009 10:02	cupcakes - copyright infringement allegation - what do you think?? First off having an incorprated company called "24 carrot" is not the same as having a registered trade mark and that alone cant prevent you from using the term "24 carrot". Only a registered trade mark can do that. Whilst there maybe many uses of the term "24 carrot" on the internet, unless its used in relation to carrot cakes, this is not in itself a barrier to registration of a trade mark. For example "24 carot" for gold is unregistrable as its a qualaity of gold. But "24 carrott" for carrot cakes sound squircky to me. Its not descriptive of "carrot cakes". But it still may not be registrable if its a term that many traders use, as consumers wouldnt see it as a trade mark. Reply Quote
By Paypol 05 Nov 2009 11:38	Cupcakes I recently did a market research survey on the use of the word 'flip flop' for a solicitor who was trying to prove that it could not be a trademark name as it was too widely used. I would have thought for similar reasons that the term is in too widespread use for anyone to have rights over it. Reply Quote
By Welshcookie 05 Nov 2009 16:36	carrot cakes It could also be read as - twenty-four carrot cakes, and how do you trade mark that? Reply Quote