Uptick in cupcakes

Remember this bit about the CUPCAKERY trademark, vel non?   Not long ago Ryan Gile, who’s all over this, reported ongoing developments in the case here.  And this morning I retweeted an update from John Welch (@ttablog) reporting that things are getting even stickier in the case, as reported in the Las Vegas Sun:

Texas Cupcakery shop owner Ricky Perritt is asking a court to issue a gag order against his niece in Las Vegas, saying her comments are undermining his efforts to protect The Cupcakery trade name. . . .

After the filing of the latest lawsuit, Jenkins issued a press release saying “The Cupcakery” is not an original name and should be free to use by anyone — infuriating her uncle who has been trying to obtain trademarks to that name and has spent tens of thousands of dollars protecting the trade name in litigation.

Jenkins’ statement caused Perritt to expand his lawsuit this week, charging that in making those comments Jenkins violated her contractual obligations, damaged and disparaged Perritt and his Texas Cupcakery company and damaged the trademark, trade name and intellectual property of The Cupcakery.

“Perritt has invested hundreds of thousands of dollars in opening new stores and developing the trademark and other intellectual property,” Perritt’s attorney charged in an amended motion for a restraining order against Jenkins. “Jenkins … has threatened to harm the trademark and has now done so publicly by falsely stating that the mark is not legally protectable and that she intends to ‘share the glory’ by letting anyone who wishes to use the mark appropriate it for his own use and benefit without paying for the privilege.”

Hm.  Gag order in a dispute over baked goods?  Not just ironic.  Moronic.

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Author:Ron Coleman

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