Hey Cupcake files trademark lawsuit against Indiana cupcake trailer
By Steven Kreytak | Thursday, February 11, 2010, 01:00 PM
Austin’s Hey Cupcake, an early comer to the burgeoning local trailer-food market, filed a federal lawsuit Wednesday that accuses a trailer cupcake business in Indiana of copying the visual appearance of its retail trailers.
The lawsuit, filed in U.S. District Court in Austin, said that The Cupcake Camper in Noblesville, Ind., operates out of an Airstream Trailer with a large, three-dimensional cupcake on the roof, similar to one copyrighted by Hey Cupcake owner Wes Hurt.
Austin’s Hey Cupcake located on South Congress Avenue.
The Cupcake Camper in Noblesville, Indiana.
“The level, extent and details of copying employed by the Cupcake Camper are facially apparent,” the lawsuit states. In addition to to being accused of copying the exterior appearance of the trailer, the suit accuses The Cupcake Camper of beginning to sell t-shirts that say “Real Men Eat Cupcakes” after Hey Cupcake began selling shirts that say “Real Men Love Cupcakes.”
Matthew Brereton, who according to the lawsuit is the manager and sole shareholder of The Cupcake Camper LLC, an Illinois corporation, could not be immediately reached for comment. According to The Cupcake Camper’s Web site, there are plans to open a Cupcake Camper in Chicago in the spring.
The lawsuit against Brereton and The Cupcake Camper LLC charges violations of the Texas Deceptive Trade Practices Act as well as federal trademark and copyright laws.
It says that Hey Cupcake seeks more than $75,000 in damages, although the exact amount is not enumerated.
Hurt opened Hey Cupcake on West 24th Street in March 2007 and relocated it to the 1600 block of South Congress, shown above, later that year. Now, according to Hey Cupcake’s Website, the business has trailers in the Four Points area west of Austin, in Oak Hill and in Lakeway. In 2008, Hurt opened a fixed store location on Burnet Road.
The online menu states that in addition to $2.50 cupcakes, Hey Cupcake sells refreshments, t-shirts and hats.