Intellectual Property Law

It's Airstream v. Airstream in This Cross-Country Cupcake Battle

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In the “burgeoning local trailer-food market” in Austin, Texas, Hey Cupcake is an early pioneer, having established its presence in 2007, operating out of an airstream trailer topped with a giant iced cupcake.

Hey Cupcake hopes to expand nationally at some point. So when it discovered the existence of the Cupcake Camper—an Airstream trailer-based business in Noblesville, Ind.—it filed a federal copyright, trademark and deceptive trade practices lawsuit, the Austin American-Statesman reports.

Besides the silver airstream, both trailers are topped with a giant three-dimensional cupcake, complete with pink icing and sprinkles.

Robert Kleinman, who represents Hey Cupcake, tells the paper that it seems “beyond coincidence” that the look and feel of the Indiana trailer business, which opened in 2009, is so similar to Hey Cupcake.

The American-Statesman wasn’t able to reach a lawyer for Cupcake Camper. But according to Cupcake Camper’s site, the business is already prepping to expand beyond Indiana into neighboring Illinois, with a Chicago location slated for spring of this year.

See photos of the Hey Cupcake trailer here (PNG).

See photos of the Cupcake Camper trailer here (PNG).

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