David Slays Goliath

Lounge By cakesdivine Updated 24 Jul 2010 , 10:44pm by PiccoloChellie

cakesdivine Posted 22 Jul 2010 , 2:55pm
post #1 of 37

I am sure many of you had no clue this was going on. Might make you think twice about who you idolize in the future.

Congrats KelleyM of Masters Software!

http://www.prweb.com/releases/.....279854.htm

36 replies
TheCakerator Posted 22 Jul 2010 , 3:04pm
post #2 of 37

congratulations on your victory!

deMuralist Posted 22 Jul 2010 , 3:10pm
post #3 of 37

yeah!!!!!

emrldsky Posted 22 Jul 2010 , 3:13pm
post #4 of 37

I read about this yesterday and I'm so excited! However, this injunction is temporary pending the outcome of the trial, I believe. (Right?)

But, this does mean the judge believes the case is valid and clearcut, so I'm hoping to see how this ends up. icon_biggrin.gif

Win Posted 22 Jul 2010 , 3:14pm
post #5 of 37
Quote:
Originally Posted by cakesdivine

I am sure many of you had no clue this was going on. Might make you think twice about who you idolize in the future. icon_wink.gif

Congrats KelleyM of Masters Software!

http://www.prweb.com/releases/2010/07/prweb4279854.htm




I knew there had to SOME kind of infringement with the use of the name Cake Boss by TLC! I am so glad Kelley is going to prevail in this. It just goes to prove that, although sometimes we don't see it, the "little/good" guy does win!

poohsmomma Posted 22 Jul 2010 , 3:17pm
post #6 of 37

It's not like they didn't know they were infringing on a copyright...

Way to go, KelleyM and Masters Software.

MzPinkie Posted 22 Jul 2010 , 3:20pm
post #7 of 37

I too thought there was some sort of infringment on CakeBoss...Yea for the little guy.

diamondsonblackvelvet13 Posted 22 Jul 2010 , 4:27pm
post #8 of 37

Yay! Congrats KelleyM!

Loucinda Posted 22 Jul 2010 , 7:22pm
post #9 of 37

Link isn't working for me, but I think I get it. If so, we're rooting for you Kelly!! icon_smile.gif

When I first heard of the show, I wondered why they would use your name.

cakesdivine Posted 22 Jul 2010 , 7:38pm
post #10 of 37
LindaF144a Posted 22 Jul 2010 , 7:53pm
post #11 of 37

Is your company name all one word or two? I see a loophole here.
Did you trademark it?

emrldsky Posted 22 Jul 2010 , 7:59pm
post #12 of 37
Quote:
Originally Posted by LindaF144

Is your company name all one word or two? I see a loophole here.
Did you trademark it?




The company name is one word, and it is federally trademarked. But the key with any trademark case is confusion. Adding the space to the TV show name is not avoiding confusion. In fact, I took a look at Kelley's CakeBoss FB page and saw numerous posts there for Buddy, of Cake Boss.

There's also the "moron in a hurry" defense that has been linked to Apple, Inc in a previous trademark case. icon_smile.gif

LindaF144a Posted 22 Jul 2010 , 8:02pm
post #13 of 37
Quote:
Originally Posted by emrldsky

Quote:
Originally Posted by LindaF144

Is your company name all one word or two? I see a loophole here.
Did you trademark it?



The company name is one word, and it is federally trademarked. But the key with any trademark case is confusion. Adding the space to the TV show name is not avoiding confusion. In fact, I took a look at Kelley's CakeBoss FB page and saw numerous posts there for Buddy, of Cake Boss.

There's also the "moron in a hurry" defense that has been linked to Apple, Inc in a previous trademark case. icon_smile.gif


Thanks.

Doug Posted 22 Jul 2010 , 8:07pm
post #14 of 37

if you'd like to read the original pleading:

http://www.courthousenews.com/2010/03/16/Cake%20Boss.pdf

very clearly address the "confusion" issue as well as some other anti-competitive issues as well.

and remember

it was NOT Buddy who named his show but the folks at the network and production company -- Unfortunately, he has status no better than any actor in a show -- just witness the implosion of Jon & Kate + 8!

The real fight is with the legal suits at the network and production company who seemingly didn't do due diligence well enough.

Win Posted 22 Jul 2010 , 8:48pm
post #15 of 37
Quote:
Originally Posted by Doug



and remember

it was NOT Buddy who named his show but the folks at the network and production company -- Unfortunately, he has status no better than any actor in a show -- just witness the implosion of Jon & Kate + 8!

The real fight is with the legal suits at the network and production company who seemingly didn't do due diligence well enough.




Right, Doug! I wanted to point that out myself, but hesitated to get in and muddy the waters. Glad to know I can rely on you to simply "jump on in."! icon_lol.gificon_biggrin.gificon_lol.gif

PiccoloChellie Posted 22 Jul 2010 , 8:52pm
post #16 of 37
Quote:
Originally Posted by LindaF144

Is your company name all one word or two? I see a loophole here.
Did you trademark it?




Just an example here .... if someone started up a restaurant called Mac Donald's, I'm pretty sure they wouldn't have a loophole when the Golden Arches come knocking. Same deal, if a software company called themselves Micro Soft, well, I'm sure you get the point. icon_smile.gif


Kelly, congrats to you on this massive first step! The little guys have to obey copyright law - so should the big guys! thumbs_up.gif

LindaF144a Posted 22 Jul 2010 , 9:06pm
post #17 of 37

I get it, Thank you.

What will probably happen is there will be a great big settlement or someone will offer to buy the name and then it will all go away. And someone will be able to retire nicely.

kelleym Posted 23 Jul 2010 , 1:14am
post #18 of 37

Thank you everyone. The past year has been very difficult for us, and we are very happy with the judge's decision.

cakeprof Posted 23 Jul 2010 , 1:56am
post #19 of 37
Quote:
Originally Posted by LindaF144

Is your company name all one word or two? I see a loophole here.
Did you trademark it?




The name has to be dissimilar to the one that is trademarked. Example of this Pat Riley has the trademark on three peat. In 2005 a group of individuals attempted to trademark Three Pete, in anticipation of USC winning a third national championship. Although the phrase clearly referred to Pete Carroll (it was also an attempt to circumvent the trademark on three peat), the head coach of the USC Trojans, the patent office denied the request as it was not dissimilar enough to three peat. Certainly a space is not going to do create substantive dissimilarity from cakeboss.

Ha and I have had my own confusion stemming from the show. Since I only got here recently I was unaware of the software. I saw the official cakeboss rep title and though how neat--they have a person from Carlo's here----haha I was so dumb!

bobwonderbuns Posted 23 Jul 2010 , 2:11am
post #20 of 37
Quote:
Originally Posted by cakesdivine

I am sure many of you had no clue this was going on. Might make you think twice about who you idolize in the future.

Congrats KelleyM of Masters Software!

http://www.prweb.com/releases/.....279854.htm




??? It's coming up "bad request." icon_cool.gif

Cake_Bliss Posted 23 Jul 2010 , 2:46am
post #22 of 37

Congrats!

Shelle_75 Posted 23 Jul 2010 , 3:18pm
post #23 of 37
Quote:
Originally Posted by Doug

and remember

it was NOT Buddy who named his show but the folks at the network and production company -- Unfortunately, he has status no better than any actor in a show -- just witness the implosion of Jon & Kate + 8!




thumbs_up.gifthumbs_up.gifthumbs_up.gif

sugahjunior Posted 23 Jul 2010 , 11:43pm
post #24 of 37

I'm sure Kelly's aware of this, but TLC is still using the name on its website.

emrldsky Posted 23 Jul 2010 , 11:46pm
post #25 of 37
Quote:
Originally Posted by sugahjunior

I'm sure Kelly's aware of this, but TLC is still using the name on its website.




The injunction lets them use it for the show until the end of Season 3, and any current merchandise they have in stock (not new stock, but current stock) can be sold with the name. Further inventory of show merchandise cannot be ordered.

At least, that's what I read from the articles.

KoryAK Posted 24 Jul 2010 , 12:32am
post #26 of 37

Awesome! Score one for the little guys! I have my fingers crossed on a biiiig settlement for you!

sugahjunior Posted 24 Jul 2010 , 1:02am
post #27 of 37

Ah, I got it. Missed that in the articles. Thanks for the clarification.

sugarshack Posted 24 Jul 2010 , 3:56am
post #28 of 37

good news! Feel kinda bad for Buddy, but not for TLC in any way shape or form. You go Kelly!

KitchenKat Posted 24 Jul 2010 , 9:01am
post #29 of 37

thumbs_up.gifthumbs_up.gifthumbs_up.gif For a long time whenever I saw posts with "Cake Boss" in the title, I always thought it referred to the software. Took me a while to find out about the TV show.

lanibird Posted 24 Jul 2010 , 2:58pm
post #30 of 37

I felt sorry for Buddy, too. Then I read the full 24-page ruling from the judge. I have an even greater loss of respect for Discovery.

http://seattletrademarklawyer.com/storage/Masters%20Software%20v.%20Discovery%20Communications%20-%20PI%20Order.pdf

Congratulations kelleym! It's nice to know that justice can still side with the truth, not just with who has the most expensive legal team. thumbs_up.gif

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