Intellectual Property Law

Software Company Sues Network Over Name of "Cake Boss" TV Show

By Michael Atkins

Infringing use of CAKE BOSS? Plaintiff says so in Western District suit 

On March 11, plaintiff Masters Software, Inc., filed suit in the Western District against Discovery Communications, Inc., The Learning Channel, Inc., and reality TV star Bartolo “Buddy” Valastro for trademark infringement.

Plaintiff owns a trademark registration for CAKEBOSS in Class 9 in connection with “computer software for bakery business management, namely financial recipe, order, time, and contract management tools,” in Class 41 in connection with “providing online instruction in the field of baking cakes via a global computer network,” and in Class 43 in connection with “providing information in the field of culinary arts about baking for baking enthusiasts via a global computer network.” Plaintiff also claims it licenses its mark to a third party in connection with bakeware and cake decorating supplies.

Defendants own or participate in TLC’s popular ”Cake Boss” television show featuring the travails of a creative New Jersey cake bakery.

Plaintiff claims jurisdiction in the Western District is proper because TLC is based in Washington.

Defendants have not yet answered plaintiff’s complaint.

The case cite is Masters Software, Inc. v. Discovery Communications, Inc., No. 10-405 (W.D. Wash.).

Full post as published by Seattle Trademark Lawyer on March 15, 2010 (boomark / email).