Interstate Bakeries Corporation makes Hostess Cup Cakes.
McKee Foods makes Little Debbie Chocolate Cupcakes.
According to Interstate, the seven circles of white icing found on every Hostess Cup Cake has been shamelessly applied as a squiggle similar in color and shape by the makers of the Little Debbie Chocolate Cupcake.
Interstate is suing.
Does Little Debbie have to stop squiggling on top of their cupcakes completely? Would Hostess be satisfied if Little Debbie reduced the amount of squiggles from six to four? What if Little Debbie’s squiggles were more round or maybe more oval? How much of a squiggle has to change before it’s no longer considered a copy of somebody else’s squiggle?
And that’s just the top of the squiggle iceberg. So many other squiggle questions come to mind. Which frightens me because in the scheme of things….
So sayeth the StickMonkey.