Every since I saw the http://www.heycupcake.com/austin_cupcake_location.htm airstream trailer in Texas, I've decided I wanted to do something along the same lines. I was thinking of concentrating more on Farmer's Markets, local events, etc. I'm worried about copyright issues though. Since I'm hundreds of miles away, would there be a problem if I had a fiberglass cupcake on top of my trailer, would there be an infringement? I of course would not use his name or any play of his name in my business name.

I would think that you can not copyright a very generic cupcake. However, I would make sure my cupcake looked different than his cupcake, ie maybe white with sprinkles on it or something like that. Especially being in a different state, I wouldn't worry about infringing on his business.