Anonymous wrote:Anonymous wrote:I feel like nobody has seen the picture of both boxes because they are nothing alike.
One is green or red on 3 sides and one is white all around.
Yes but both feature one white side that has a photograph of hand holding the product on a white background. The boxes are the same shape and size and both feature a similar details about "history of the brand." They both come with a baking utensil inside. They are not identical but a consumer might confuse the two since they are both selling packaged mixes. And that would be a problem for the Caker because they are a much small company with limited distribution. Teigen likely has a much larger reach, and if Teigen's product is sufficiently similar to confuse or "trick" consumers, it could cost the Caker opportunities and real money. This could actually threaten their business.
I think its borderline because the products do appear to different (it's not clear that Teigen's line has any cakes in it, whereas the Caker is exclusively cakes) and have very different price points (the Caker products are very high quality and have speciality ingredients, and a $25 price tag to match). But it's not accurate to say they look "nothing" alike. There is clear overlap, the biggest being the photo presentation.
Anonymous wrote:I will never ever not be gleeful about her downfall because of what she did to Alison Roman.
I personally didn't think it was relevant, but the lawyer I quoted mentioned it.Anonymous wrote:Anonymous wrote:The Baker might not have known about Teigen's past controversy. I only know about the bullying stuff because I read it here. I'm not sure if there are other controversies surrounding her.
Why is it relevant if the Caker knew about Teigen's past controversies? This seems immaterial.
Anonymous wrote:Not sticking up for Teigen because I don't care about her either way. But from it doesen't seem like Teigen intended to launch her own line before their collaboration. Teigen came across the Baker product and she tweeted that she loved it. The baker saw the tweet and says she decided to shoot her shot and suggest a collaboration. She was pleasantly surprised when Teigen agreed.Anonymous wrote:I'm a lawyer and am really unsure of the legal merits of this case. I'd have to look much more closely not only at both packages but also at the universe of packaging in this market sector. Plus I'd want to know if the Caker had registered their packaging as trade dress in the US (which they might not have since they only recently moved to the US).
But from a non-legal standpoint, it seems obvious to me that if you want to maintain good working relationships with people, you should disclose to them that you are going to be launching a similar product to theirs before doing a collaboration, and you should make some effort not to avoid copying their product. I mean, if you don't care about good working relationships, do what you want and hire good lawyers. But while Teigen likely has a strong legal defense here, I also think the problem is that she behaved kind of shadily. Even if it turns out that most of the decisions were made by her team. It's HER team and its her name on the products.
I encounter this a lot. The best way to avoid getting sued is by not pissing people off, and you can do that while still pursuing your business objectives. What happens is people get lazy and sloppy, they assume everyone they encounter ice just a tool to be used in pursuing their own goals, and they make dumb mistakes that will cost them in good will and sometimes also in real money.
When you see someone who is perpetually the subject of controversy around their personal behavior or business practices, there's usually a reason for that. People who behave ethically and treat others well might get unlucky with the random vicious person who is out to get them or is jealous of their success. But if you are constantly the subject of controversy for your behavior, the problem is you.
Anonymous wrote:The Baker might not have known about Teigen's past controversy. I only know about the bullying stuff because I read it here. I'm not sure if there are other controversies surrounding her.
Anonymous wrote:I feel like nobody has seen the picture of both boxes because they are nothing alike.
One is green or red on 3 sides and one is white all around.
Anonymous wrote:I will never ever not be gleeful about her downfall because of what she did to Alison Roman.
Not sticking up for Teigen because I don't care about her either way. But from it doesen't seem like Teigen intended to launch her own line before their collaboration. Teigen came across the Baker product and she tweeted that she loved it. The baker saw the tweet and says she decided to shoot her shot and suggest a collaboration. She was pleasantly surprised when Teigen agreed.Anonymous wrote:I'm a lawyer and am really unsure of the legal merits of this case. I'd have to look much more closely not only at both packages but also at the universe of packaging in this market sector. Plus I'd want to know if the Caker had registered their packaging as trade dress in the US (which they might not have since they only recently moved to the US).
But from a non-legal standpoint, it seems obvious to me that if you want to maintain good working relationships with people, you should disclose to them that you are going to be launching a similar product to theirs before doing a collaboration, and you should make some effort not to avoid copying their product. I mean, if you don't care about good working relationships, do what you want and hire good lawyers. But while Teigen likely has a strong legal defense here, I also think the problem is that she behaved kind of shadily. Even if it turns out that most of the decisions were made by her team. It's HER team and its her name on the products.
I encounter this a lot. The best way to avoid getting sued is by not pissing people off, and you can do that while still pursuing your business objectives. What happens is people get lazy and sloppy, they assume everyone they encounter ice just a tool to be used in pursuing their own goals, and they make dumb mistakes that will cost them in good will and sometimes also in real money.
When you see someone who is perpetually the subject of controversy around their personal behavior or business practices, there's usually a reason for that. People who behave ethically and treat others well might get unlucky with the random vicious person who is out to get them or is jealous of their success. But if you are constantly the subject of controversy for your behavior, the problem is you.