Comments about ‘2 Utah businesses battle over blue cupcakes’

Can only Ferrari make red cars? Can only Burger King put sesame seeds on a bun?

This is stretching pretty far unless the competitor uses the trademarked name or recipe of the cupcake. But that's what courts are for - settling legal disputes.

I think sueing in a court lf law is highly preferable to what used to happen when people had disputes.

This is the funniest darn thing I've read in a while...seriously? I mean, it's cupcakes. That woman needs to calm down and roll with the punches. Put on your thinking cap, create an even better cupcake, and copyright it and any possible variations.

Ridiculous. Any attorney who says his case is "airtight" is not an attorney that you want to have working for you (I am an attorney and I work in the area of trade dress and trademark law). There is never anything such as "airtight."

I am surprised the names "Tiffany's" and "Breakfast at Tiffany's" have not drawn complaints from the Jeweler. This quarrel will look even more petty when the diamond store takes an interest.

They are absolutely awesome cupcakes. I have to admit, I'd be upset, too, if someone duplicated my hard work.

I agree with Floyd and Marky. The case doesn't sound airtight to me at all. And if I were infringing on the intellectual property of the Tiffany's brand, I certainly wouldn't draw attention to it via a lot of publicity. Wonder who has the most resources in THAT sort of enforcement action. Someone with as much brand equity as Tiffany's takes great care to ensure that they are performing their legal duty to "police" infringements on that brand. Anything that appears in a public newspaper shows up on their radar. They may not choose to act on it if it's a little cupcake shop with a feature story in a newspaper about their wonderful cupcakes. But, in this case, Mini's is trying to establish ownership rights in a brand that is clearly not theirs (or am I missing something here?). Tiffany's may just decide to intervene.

Slow news day. This story was funny from beginning to end including the 'airtight' comment. Floyd & Marky are right.

What a Joke....Iv seen these cupcakes in more then just those 2 places! Why is she choosing to attack one? Robin egg blue is a common color and yes the pearls with silver look great, but really a law suit over something like that is childish to say the least! why shes at it maybe she should take me to court for making Mini cupcakes for my daughter and using the robins egg blue with pearls.. Shes letting something so little get the best of her! A little more on the whole copy thing..... does she make her cupcakes from scratch? where did she learn these recipes? did she make these pearls her self? I hate how people think something belongs to them when its been around for years! If she doesnt like it then maybe she should get them copyrighted. end of story problem solved let it GO!

Try the slice of Pailletin at Gourmandise and you will forget all about cupcakes.

A good attorney could represent the oysters of the world and get an airtight case and stop her from using pearls.

Why does this story seem like an April Fools Day joke, and not something happening in a recession... In Utah... With a war going on...

This is no different than the current Hershey suit against Williams-Sonoma over the shape of a brownie pan the chocolate maker says "embodies and mimics" its candy bar design.

What may seem petty to some can be of great importance to others. When you've created something that brings you monetary gain and then someone else rips off your idea will you understand.

She's right. You can't go around stealing somebody else's idea and then sell it for your own profit.

Cupcakes! People it is cupcakes! The world is full of problems do we really care about cupcake litigation?

This is pretty funny, and now I want a cupcake. I will make my own but I will make sure to not use her special special color of blue so as to not upset her any further. My cupcake will be airtight.

I'll take a Backer's any day of the week.

Hey Yobanfa....IT IS BUSINESS!!

Oh, I think these are a couple smart business owners...How many people are going to go out and get some cupcakes from each place to see what all the fuss is about?

You can't BUY this kind of advertising!

But I also agree with the whole Tiffany thing. That's THEIR trademark. Mini's has a lot of guts to say it's their creation! This could really backfire on them...

The names are not the same and the product does not taste the same.

The only thing "Breakfast at Tiffany's" and "Tiffany's Jewels" share in common is the name Tiffany, which is copyrighted already when referring to jewelry. Since neither one is jewelry they can make a case that they can use the name Tiffany.

But "Breakfast at Tiffany's" is the name of a movie and that phrase is copyrighted. So the big loser might just be "Breakfast at Tiffany's" here.

Hey, wait...My neice's name is Tiffany. Can she sue 'em?

I'd better get her in on this... ;)

@Poqui:

You can't copyright the title of a movie or a book (like "Breakfast at Tiffany's"). Titles are up for grabs.