Magnolia Bakery just sued — in federal court, yet — Apple Cafe Bakery for … well, this is the part that has me shaking my head.
I don’t know, maybe it’s because I just told you about that Texas place that has held mentally disabled people in virtual slavery for three decades, but I am not happy about the cupcake wars.
Magnolia is suing Apple (which is fairly nearby, on Eighth Street) because (this quote is from the Daily News), “Despite his [the former Magnolia employee] agreement to preserve all secret and confidential material belonging to Magnolia, Apple … has baked, marketed and sold cupcakes with a swirled icing topping…”
And, see, Magnolia is demanding “he stop selling cupcakes with its signature swirl icing topping.” [I added the bolding, just so we’re all on the same page with that “signature” claim.] Magnolia says “its swirl-icing-topped cupcakes have been touted in advertisements and promotions and featured in ‘Sex and the City’ and in the film ‘The Devil Wears Prada.'”
So. The enterprising women who own Magnolia are suing their ex-employee for … swirling the icing on his cupcakes? Like, this is a trademark? Like, I’ve never seen a cupcake with “signature” swirled icing except when I dash past the windows of Magnolia Bakery and question why hundreds of people line up in long queues to buy overly sweet cupcakes? Like, I haven’t seen hundreds of swirled-icing cupcakes at the numerous cupcake shops in Chelsea Market?
Oh come on, cupcake people! Your lawsuit is just silly. Boo. And hiss, too.