SOFTWARE COMPANY WAS LIKELY TO SUCCEED ON MERITS OF ITS CLAIM THAT TELEVISION NETWORK INFRINGED ITS 'CAKEBOSS' TRADEMARK

摘要

Kelley Masters, once a professional cake decorator, decided in 2006 to begin her own business. Building onrnher prior experience, she and her husband, co-owners of Masters, developed software to assist professional cake bakers with business management, including cost tracking, recipe organization, calendaring, and invoic-ing customers. She named the software "CakeBoss," and began selling it in 2007. She registered the domain name www.cakeboss.com in 2006, and has used the term "CakeBoss" in baking-related periodicals, baking-relat-ed Web sites, and trade shows. In March 2009, Masters discovered that The Learning Channel was planning to introduce a new television show called Cake Boss, a "re-ality" program about a professional baker in New Jersey.