Try to convince me they didnt rip my name off…

Ok, I wish I had something as tangible as a blatantly copied art piece…

But after being in business for 3.5 years, my company is my baby, my art. And i chose a name that no one would ever likely replicate, both because of the obscurity and spelling.

This is me, Sugadeaux. In business in Australia since 2007 – see that copyright at the bottom of the screen?

And here’s a  business in Indiana who were brought to my attention today. See? Around since 2010? Ignore the fact they used “bakery” in the title, they clearly only have cupcakes. PLus they used one of those webs.com addresses so the fact that i own the sugadeaux domain is redundant. *sigh*

If you think there is a chance in hell that this person didnt google the name before the settled on it, you’re wrong. Its irrelevant that the two businesses are physically located in two different countries – both are internet based, and both reply on being showcased on international blogs and sites to make a name for themselves, particularly for SEO.

12 comments

  • It’s OK. It’s a terrible name anyway.

  • Your company name is fine, as I’m sure you know.

    I’m not sure what the Illinois person/company was thinking. If anyone Googles the name, your site’s coming up (and your flicker/twitter/you/you/you. It’s not a smart marketing move on their part for sure and confusing for their local customers…. How in the world did you even find their page?

  • One of my cupcake followers saw their twitter name after another cupcake blog they were following mentioned them. See? Small world.

    I agree, its to her detriment, as all links lead back to me. Which in a way makes it extra annoying as to why she would do it in the fist place!

  • Why has this blog dissolved into mostly obnoxious or insulting comments on every single entry? It doesn’t help anybody.

    There’s a wedding photographer out there with the same URL as mine minus one repeated letter. I found out because any time someone misspells my URL they land on her website instead and vice versa. I’ve ended up receiving frequent phone calls about wedding albums, session appointments, and print orders because of it and the clients just cannot wrap their head around the fact I’m not their photographer and they goofed. Having another business out there with the same name as yours is very frustrating so I feel your pain. I don’t know if there’s much you can do about this, though, since I don’t think the word “Sugadeaux” can be protected. I may be wrong, though.

  • @kris

    u madd

  • Wow, Sugadeaux, you really need to talk to an intellectual property lawyer and get some education on this topic. Specifically look into the difference between copyright (which will protect the content of your site–within Australia) and trademark (which might protect your business name–in Australia). Also look into any agreements the US and Australia have about such IP protections extending between the two countries.

    And good luck with that. Unless the Indiana people have filed for federal trademark protection here in the US, they couldn’t stop me from opening my own Sugadeux Cupcakes biz here in Michigan–just across the state border from Indiana. (And they probably would be denied federal trademark protection unless their business crosses state lines–they could file for such protection within Indiana, though.)

    So, Sugadeaux in Indiana: annoying and unoriginal? Probably. Legal? Almost certainly. Likely to affect your business in Australia? Highly unlikely. Do you ship cupcakes worldwide? The Indiana folks say they don’t ship at all, but will deliver or arrange for pickup in the Indianapolis area, so they don’t compete.

    For what its worth, Google, I believe, tweaks search results based on the location of the searcher. I’m a 4 hour drive from Indy but the first two pages (at least) of Google results for Sugadeaux Cupcakes I get are all you. You also seem to be making great use of Flickr, Twitter, et al, so you should continue to be the top Google results-getter.

  • MattT is right. In the US names are not part of copyright…but they can be trademarked.

    Unless there is a treaty agreement, you have no case.

  • Also…typing All Right Reserved at the bottom of a website isn’t a copyright.

  • benjaminjames

    notice how they also used the same purple in their logo?

  • I can see the similarities, but it with 6 billion people on this planet, no idea is 100% original.

    Provided they did not actually rip off your name, let’s say brainstorming went like this:

    bakery > sweets > pastries

    bread > dough

    Sweets > sugar

    Sugar > dough > sugardough > sugardeaux > sugadeaux

  • I don’t know about Australia, but in the U.S you cannot copyright a name. You can however make it a trademark, and since you both are within the same industry, should you register the name as a trademark before said copier, they will be infringing.

    If your name wasn’t trademarked when they did this, it’s free for all and you better hope they haven’t trademarked theirs, that’s all.

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