To make a long story short, Margo Lewis (owner) of Cake Bliss www.cakebliss.com contacted me and wants me to shut down my site and change my name because its basically just like hers. My site is www.cakeblisscakes.com and I thought it was ok when I first did this since she lives in NY and I live in Ohio but she was really upset about it and I didnt want to cause any trouble so now I have to buy a new domain and site and tell all my customers (luckly I have only been doing this since March) and get new business cards and brochures...every name I think of is taken already...so here are a few that are not...if you like any of them...please let me know! I really need to figure out a name fast!
I have a few names...
Ohio is called the heartland so what about ...
Heartland cakes (cousin Nicole came up with that one)
April Starkey Celebration Cakes (April Starkey would be first with Celebration cakes underneath it on my site) (aunt nina came up with the word celebrate)
Once upon a time cakes... ( i love this one but would it make people think I only do fairy tale cakes?)
April Starkey Cake Design (It would say my name with Cake Design underneath it)
April's Blissful Cakes
everything i have come up with so far...is already taken...even april's cakes and heavenly cakes and celebration cakes...the two above are not taken yet...are they any good...or not...please give me your honest opinion...also...they would have to look good with the same font/color/design theme as I had on my previous cakeblisscakes site.
or if you can think of any...PLEASE LET ME KNOW!
Forgive me for focusing on this rather then coming up with a new name but does she own the phrase 'cake bliss'? Are you licensed and registered legally? If so, do not change your name. You are in different states - your name is different.
Does she have a legal leg to stand on? Just because someone asks you to do something doesn't mean you have to do it. You have a domain, customers, business cards, etc....a reputation, and a new one at that. How confusing for your customers - not to mention the financial implications of revamping everything because she is "upset". Why? and this smiley face is to show I am not trying to be an a$$, just wondering why you gave in to her so easily......competition makes the world go round. You are worth more than that.
I like Heartland Cakes. Maybe with April Starkey, Designer (or something like that) underneath it.
she bought the copyright to cake bliss in Feb. of this year so thats why I figured I could not really fight with her on it.
I like Heartland Cakes. Just gives me that woarm fuzzy feeling. And, It makes me feel healthy, for some reason!
I like Heartland Cakes, too. How about "Once Upon a Cake" instead of Once Upon a Time Cakes?
I like "The Sweetest Cakes" or It's a piece of Cake" In my pretend world where I own a bakery It's called "It's a piece of cake company" Sadly I live in California and it's WAY to expensive to open up a business =(
I like Heartland Cakes then 2nd April Starkey Cake Design. K'ly
I too like Heartland Cakes.
It's funny because "Once Upon a Cake" was one of my choices when we were discussing our business name. I think that one is cute too because it's leaves so much creative room.
I like Heartland Cakes too!
I like April Sarkey's Celebration Cakes. It has a more professional ring to it .
Good luck with whatever name you chose.
I have to agree with Cake Diva73 - unless she owns the trademark or slogan mark to the name cake bliss she doesn't have a leg to stand on. Especially if you are registered in your state. Keep your name. Don't let people needlessly push you around. If she doesn't have a trademark, and you are still willing to change your name, make her pay for all of the changes, domain name, business cards, etc. Otherwise I'd just keep your name. Contact a lawyer to be on the safe side.
double post - sorry
Heartland Cakes for me
I like the name you have and also suggest you fight for it. If you don't have any fight left, then I go with April's Blissful Cakes. It puts you first in the yellow pages.
Another vote for Heartland Cakes
She bought the copyright - what exactly does that entitle her to? It will be considerable expense (on your part) to have every reprinted and change domain names. Consult legal if you can.
I voted for Heartland Cakes, but coning in first in the yellow pages is great advice. Heartland would put you in the middle. Might get overlooked.
I would look into what exactly the copyright covers....is it a nation wide thing or just her state? I wouldn't give in quite yet but it's good to start looking at other options if you are SOL.
If you absolutely must change your name (I like your current name), I vote Heartland Cakes. I also like Once upon a cake, however I think that name isn't as unique as Heartland Cakes.
First, do some research to see what exactly this covers. Also, do an online search of copyrights and trademarks with Cake Bliss to see if it is in fact covered. Try http://www.copyright.gov/records/. This one is for trademarks: http://www.uspto.gov/.
edited to add: i just searched under the trademark section and Cake Bliss is there.
I think you should consult a lawyer, otherwise I like Heartland Cakes..
She can't copyright a name. Copyright applies only to original works of "art" (includes writing, etc). So if she's telling you she's copyrighted she's just trying to bully you and she's BSing.
Talk to your lawyer before you do anything.
I found someone else that is Cakes on Demand and there is nothing I can do about it so I just left it alone and it hasn't affected me. Different area Your name has a discription at the end (cakes) so I don't think you need to worry its concidered a different name.
I like Heartland Cakes. Although April's Heartland Cakes or April Starkey's Heartland Cakes would keep you first in the yellow pages, as another poster mentioned.
âCake Blissâ is a trademarked name, so your name âCake Bliss Cakeâ is probably too similar to be legal. You might get away with Aprilâs Cake Bliss / Aprilâs Blissful Cakes, but it would be dicey.
I did a check and Heartland Cakes is not trademarked, so I vote for Heartland Cakes.
To check for trademarks:
Courts consider the following factors in determining likelihood of confusion:
1. Similarity of the conflicting marks;
2. Relatedness or proximity of the two companies;
3. Strength of the senior users mark;
4. Marketing channels used;
5. Degree of care likely to be used by purchasers in selecting the goods;
6. The "second comers" intent in selecting its mark;
7. Evidence of actual confusion;
8. Likelihood of expansion in product lines
Given that she is more established than you, she could say you are diluting her brand as a "second comer." It is unfair but not worth the cost to fight IMHO.
Re: the trademark IF you happened to file for registration in your state and use the name in trade before the other person filed for their trademark I believe they can not make you stop using the name. They filed for trademark rights in February of this year.
If you've just been using the name and hadn't legally established your business or used it in trade then it's hers and the names are in all likelihood too close to fight it.
My guess is that you probably haven't used the name that long??
Frankly, unless you have a lot invested in stuff with the name (which would be nice) it is probably easier to let it go than fight it.
Re: your name options-
For your top 3 choices before you put too much time and energy- make sure 1) you can get the url for the name (not just a .net because it is too confusing) and that 2) it isn't already trademarked.
For me, it is about the image that a name brings to mind. I'm going against the flow on this one, but I'm not a fan of Heartland because for some reason it reminds me of meat (don't know why) or big business or some sort of packaging plant....sturdy farmers, etc, etc.
The "April" name options are nice b/c of the phone book and because it identifies with you but it seems small town sounding (no offense on that). But, that may work well for you in your area. Are a lot of famous bakeries named after a person?
I like the Once Upon A Time option because while it does bring fairy tales to mind (sort of) it also brings to mind great visuals-- white weddings, regal, sweet, etc, etc. How far you go with the "fairy tale" them depends upon what your final logo /design and materials look like. I wouldn't take it down the fairy tale path and would make sure any designer you worked with would understand that direction.
Though, business names with lots of words are well, wordy. There is an upside to 1-2 word names if there are any left.
Best of luck!
i too like hearland.. but there's just something about Once upon a cake.. just gives that warm feeling
I like Heartland Cakes. I don't like a person's full name in company names. Just me...
I prefer April Starkey Cake Design. It sounds professional, timeless, and not gimmicky. Can it be trademarked? Does it matter? Maybe, maybe not.
Re: Cake Bliss. I did some checking. Margo Lewis applied with the United States Patent and Trademark Office. It was filed on 2/25/08.
I didn't see the second page of postings when I responded. But there is some useful information on the second page of postings.
Heartland seems to be a favorite, but I agree with the person who said it sounded like meat or big business. I think that's what they said. It doesn't make me think of sweet, fancy, pretty cakes at all.
I too think if you can keep your original name do so but if i had to vote i would heartland too but can i throw a couple of things at ya heheh..
what about AS Heartland Cakes or Heartland As Cakes or AS Cakes ie the as (like in this sentence as you get older.....) it uses your initials which would keep you in front of the phone book plus has your initials and the area you live just a thought..