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Judge Denies Sprinkles Suit Over Trademark 'Dot'

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Judge Denies Sprinkles Suit Over Trademark 'Dot'

LOS ANGELES (CBS) ― A Los Angeles federal judge Monday denied a motion by a Beverly Hills bakery credited with kicking off the gourmet cupcake craze in the Southland to force a rival cupcake maker to drop the dot motif it uses in its packaging, store decor and Web site.

In a trademark infringement lawsuit filed in August in U.S. District Court, Sprinkles accused Famous Cupcakes in Valley Village of stealing its trademarked circle-on-a-circle design.

Famous incorporates the same dot design featured on every Sprinkles cupcake in its own packaging, store and on its Web site, according to the suit.

Monday's motion asked U.S. District Judge Percy Anderson to order Famous to drop the dot, court filings show.

Anderson denied the motion, citing problems with Sprinkles' court filing. Attorneys from Sprinkles said they plan to refile the motion after making the required corrections.

Sprinkles' concentric dots were federally trademarked in April 2007, an attorney said. The lawsuit says that bakeries in the United States, Britain and Asia have imitated the design, but all stopped using it after they were contacted by Sprinkles.

Celebrities such as Oprah Winfrey and Paris Hilton are reportedly fans of the cupcakes.

(© 2008 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)

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