SALT LAKE CITY (CN) – The sweet taste of success has soured for a cupcake baker that claims a rival is selling knockoffs of its trademarked “Breakfast at Tiffany’s” cupcake. Mini’s Cupcakes claims LuAnn’s Cupcakes and Associated Food Stores copied its distinctive trade dress for the confection inspired by the Truman Capote novel.
Mini’s Breakfast at Tiffany’s cupcake has a distinctive design, featuring vanilla cake, blue cream cheese frosting and silver and white “gems.”
In its federal complaint, Mini’s claims that LuAnn’s “Tiffany Jewels” cupcakes are knockoffs, and that LuAnn’s has approached at least one Mini’s retailer offering the counterfeit cupcake.
Mini’s adds that Luann’s “has adopted a strategy and philosophy to intentionally and unlawfully trade off the goodwill that Mini’s has built by infringing Mini’s trade dress rights in the Breakfast at Tiffany’s cupcake.”
Mini’s seeks damages for lost profits, “cost erosion,” trademark infringement, unfair competition, trade dress infringement, false designation and unfair trade.
It is represented by Brett Foster.
- Attorneys’ Fees