Cake Boss Trademark lawsuit settled. The show will go on
Cake Boss trademark lawsuit highlights the need to clear trademark/IP rights
This one has been a hot topic around the water cooler at IP law firms. Apparently no one at the Learning Channel thought to “clear” the rights to the show title “Cake Boss.” Trademark clearance involves a broad search for rights holders who may have an existing claim to a logo, slogan or title. TLC’s producers learned the hard way that they were not the only ones who found the Cake Boss name catchy.
A Seattle software company sued the cable channel that airs the reality series “Cake Boss” featuring Carlo’s City Hall Bakery in Hoboken, N.J. alleging infringement of its federally registered trademark for software sold to bakeries. A federal judge in Washington state had temporarily barred the show from using the name. Masters Software of Seattle has been selling business software for bakery owners called CakeBoss since 2007, before the reality show went on the air.
However, under a settlement agreement announced yesterday, “Cake Boss” star Buddy Valastro can use the name on the show and Masters can still use it for its software and other items.