Bakery Sues Husband & Wife For Opening Their Own Business That Also Uses Butter And Sells Baked Goods
PeopleImages | Shutterstock A couple named Monica and Adrian, who recently opened their dream bakery in Los Angeles, explained that they were suddenly hit with a lawsuit from another bakery. The reason? It all comes down to competition.
Running a bakery seems like it would be a rewarding and wholesome experience. But behind the scenes, at least for Monica and Adrian in particular, things are actually anything but sweet. Since the lawsuit was made public, the couple explained they wanted to address the reasons for the legal situation they've found themselves in and why they're now asking for the public's help in fighting the case.
A bakery is suing a couple for opening their business that also uses butter and sells baked goods.
"We opened our dream bakery, and now we're being sued. We've been named in a federal trademark lawsuit filed by a business called Little French Bakery. Because this lawsuit is a public filing, we wanted to address it openly and transparently with the community who supports us every day," Monica began in her video, sitting alongside her husband.
According to the complaint, the other bakery is alleging that Monica and Adrian's branding for their business is "too similar" because they talk about butter, share photos of the croissants on their social media, emphasize their craftsmanship, use the word "little" in their bakery name, and are a husband and wife team. All of those elements were specifically listed in the lawsuit filed against them.
"We believe that making croissants, talking about traditional techniques, using real butter, and sharing the story behind a family-run business are common practices across bakeries everywhere," Monica said. "This has been incredibly difficult for us. Adrian and I spend 12+ hours, seven days a week, hand-making every single item in our bakery."
Monica admitted that trying to navigate this lawsuit has been "overwhelming," and while they can't share legal strategy since the case is ongoing, they have set up a GoFundMe to help cover their legal fees. Despite the setback, they promised to continue baking and doing what they love for their community.
An attorney weighed in on the logistics of the lawsuit filed against Monica and Adrian's bakery.
In a TikTok video, a trademark attorney named Camellia Imani explained that the biggest misconception she sees with clients is that they think the United States Patent and Trademark Office (USPTO) is protecting brands when, in reality, the trademark office's job is to protect consumers from confusion. The number one question that businesses have to ask themselves is: "Is there a likelihood that a consumer will get confused?"
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"In my personal opinion, I really do not see the likelihood of confusion here. Also, Little French Bakery is descriptive. That fact is important because when you have a descriptive mark. So if you have a mark that describes your product or your service, there's less protection," Imani said.
For example, if you are a pizza restaurant and you open it and call it Cheesy Pizzas, it's gonna have very low protection, Imani pointed out. If you have a product or service, and you name it something that has nothing to do with that product or service, like Apple for computers, there is a better chance of protection because Apple has nothing to do with computers.
"So if you're a business owner and you're coming up with a brand name. Make sure it has really nothing to do with your product or your service because there's less protection. So, overall, this is a weak case for two reasons. One, I don't see the likelihood of confusion here. On top of that, the mark is descriptive."
Initiating this lawsuit may cause Little French Bakery more trouble than they realize.
It's really no wonder that this story has taken off on social media because it seems about as frivolous as a lawsuit can get. Kind of like people suing after getting burned by hot coffee from a coffee shop, but allegations from internet attorneys have gone further than that.
Lawyer Kelli on TikTok alleged that there is already a bakery with a federally trademarked name as The Little French Bakery, which, if true, would trump any trademark request by Little French Bakery for just a California state trademark. All that is to say, by suing The Little Cake, Little French Bakery just opened itself up to a total rebrand should The Little French Bakery sue.
Who knew the world of cake-making was so cutthroat? But again, these lawyers are all weighing in for entertainment purposes only, so we need to take all their analysis with a grain of salt. Or in this case, sugar!
Owning a small business is a struggle in today's economy, and it's easy to point fingers and say one person is right and another is wrong, but when it comes to legal matters, nothing is ever that cut-and-dry. Really, when it comes to life in general, nothing is. In a perfect world, both bakeries should be able to thrive, and here's hoping that despite current animosities, they can both find a way to serve their customers without letting the competition put either out of business.
Nia Tipton is a staff writer with a bachelor’s degree in creative writing and journalism who covers news and lifestyle topics that focus on psychology, relationships, and the human experience.
