Federal Judge Orders The Learning Channel to Cease Using the Name “Cake Boss”

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No use of Cake Boss name for television series or related merchandise.

A U.S. District judge has ordered Discovery Communications Inc., The Learning Channel, LLC (“TLC”), and Bartolo “Buddy” Valastro (collectively “Discovery”) to cease using the name “Cake Boss” to identify the television program currently entitled Cake Boss. In addition, the judge ordered Discovery to cease using the Cake Boss name in connection with sales of merchandise related to that television program.

Since 2007, Masters Software, Inc (“Masters”) has sold CakeBoss® brand software. The software is designed specifically for bakery management, and includes modules for scheduling, invoicing, calendaring, and recipe storage. Masters is the owner of Federal Trademark Registration Number 3,746,204 for the name CAKEBOSS as it pertains to software for bakery business management, online cake baking instruction and other online baking information. Masters has owned the domain name http://www.cakeboss.com since 2006.

In 2009, Discovery Communications, Inc. announced its television series called “Cake Boss” which features a professional baker, Bartolo “Buddy” Valastro, his bakery, and his employees, many of which are members of his family. Despite being notified of Masters’ pre-existing rights to the CakeBoss name through phone calls and email communications, Discovery forged ahead using the Cake Boss name. The Cake Boss program is currently one of the highest rated programs on the TLC network. Masters filed a complaint against Discovery for trademark infringement and reverse confusion in March 2010 (2:10-CV-405-RAJ; U.S. District Court, Western District of Washington At Seattle), then filed a motion for preliminary injunction in April 2010.

On July 16, 2010, The Honorable Judge Richard Jones entered an order which states that Masters is likely to succeed at trial in proving trademark infringement. Pending the outcome of a trial on merits, Discovery is ordered to cease using the Cake Boss name in connection to the television series and related merchandise.

Kelley Masters, President of Masters Software Inc., commented “We are pleased that the Honorable Judge Jones saw the value that our mark plays in our small business. Prior to this Order we felt helpless in defending our small business against the actions of a corporation as big as Discovery Communications. We are confident that justice will now prevail.”

About Masters Software, Inc.: Masters Software, Inc. sells CakeBoss ® software. CakeBoss is the only software custom designed for the home baker or small business owner. CakeBoss was designed by a cake decorator, with the specialized needs of the home baker in mind.

About the Law Office of K.D. Long, PLLC: The Law Office of K.D. Long is an intellectual property law firm focusing on trademark and copyright law. The firm was started to help entrepreneurs and small businesses compete in a world often dominated by large companies and interests. The firm prides itself in efficiency, attention to detail, and customer service.

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