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
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/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!
It's not like they didn't know they were infringing on a copyright...
Way to go, KelleyM and Masters Software.
Try again Loucinda
http://www.prweb.com/releases/2010/07/prweb4279854.htm
Is your company name all one word or two? I see a loophole here.
Did you trademark it?
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. 
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.
Thanks.
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.
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."! 
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.
Kelly, congrats to you on this massive first step! The little guys have to obey copyright law - so should the big guys! 
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.
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!
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." 
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!
I'm sure Kelly's aware of this, but TLC is still using the name on its website.
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.
Ah, I got it. Missed that in the articles. Thanks for the clarification.
good news! Feel kinda bad for Buddy, but not for TLC in any way shape or form. You go Kelly!
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.
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.
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