And Teigen copies everyone else's ideas and calls them her own. She doesn't have an original thought in her bloated head. |
I don't think their product would be in the same stores. The price point is very different. |
I think you could argue that a consumer familiar with the Caker mixes could pick up Teigen's product and see the extremely similar photo, same shaped box and similar details, and not realize it was a totally different product. And since Teigen's product sells for a lot less, they might think "Oh, this must be a cheaper version of that really good product I've had before -- great." The existence of the collaboration with Teigen on a Caker product could add to this confusion -- a consumer might assume that Teigen had been involved in the Caker products all along, or that Cravings had bought out the Caker, because they'd seen the promotion with the collaboration product. These confusion claims could be made even if the two products were not sold in the same stores. If the target demo is similar enough, you can argue Teigen is trying to capitalize on the brand good will that the Caker has spent years creating. The thing about trade dress claims is that they hinge on (1) whether the product packaging will create confusion for the consumer, and (2) whether that confusion could result in the original product losing market share. The goal is to prevent people from just making a similar looking product and gaining market share based on the goodwill and strong reputation established by the original product. The counterargument from Teigen would be that she has an established reputation in this market sector and that her branding for Cravings is recognizable enough not to cause confusion. There would be a weighing of factors to determine if that was true. I think it is to Teigen's benefit that the Cravings log is fairly prominently placed on the product. But I also think it was dumb to include such incredibly similar product photography, and that launching this product after the collaboration with the Caker was either lazy or antagonizing. If they'd never worked together, and if Teigen just changed the product art a little, this wouldn't even be an issue. |
| Good for her. Hope she makes a boatload of money. |
You can buy Caker kits on Amazon. I'd be curious to know if Cravings intends to sell their kits there as well. Otherwise, the Caker mostly sells their kits a department stores or specialty boutiques because the price point is high and the idea is that you buy it for a special occasion, or it could be a luxury item to include in like a gift basket for a friend. But the Amazon thing could create issues. I'm guessing Teigen's product is intended to be sold in grocery stores mostly, but that makes it likely it would wind up on Amazon, actually. |
Super sketchy. She is a horrible person. |
| Listen I cannot stand CT, but the only similarities I see is that they're both "boxes" that's it. The Caker is reaching on this one. |
How would that happen though as the front of the boxes have nothing in common. One is red / green and the other is white. The consumer looking head on at the product would not see any similarity |
This. This is just misogyny in action. Also, I can't wait to try the products. |
I don't see how people are assuming they are so similar. What a load of crap. |
Chrissys bread and butter is fools like you. |
Lol the person who always defends celebrity women who do questionable thing by claiming misogyny is here. Is it "misogyny" to take advantage of a female entrepreneur with a much smaller and more vulnerable business by stealing her business idea, packaging yours similarly to hers, and doing all this while launching a collaboration with her and failing to mention it? Just curious. |
People don't just make consumer decisions by looking at products side by side on a shelf. In fact, that's increasingly uncommon due to e-commerce. It's entirely possible that someone familiar with the Caker products would run an internet search for "fancy box mix", find Teigen's product, assume it was the same based on similarities in packaging and concept (again, they'd be looking at a photo that featured that familiar product photo with the white background and a similarly shaped box), and buy it thinking they are buying a product they'd had and liked. In which case Teigen would be benefitting from the Caker's brand. I'm not saying it's a slam dunk but they are similar enough in both concept and presentation, and especially with the existing collaboration between the two, to make a claim of product confusion and argue Teigen's product is trying to benefit from the Caker's existing product good will. It's not a crazy case. |
NP. +1 I don’t know much about CT and her history, but reading all this through, and looking at the similarities in the boxes, it doesn’t look good for CT. The other lady will be able to find a good contingency plaintiffs infringement lawyer to represent her on this case. |
+1 The Caker person has a decent case. She might not win, but it isn’t outrageous for her to bring suit. |