IP Law Daily, TRADEMARK NEWS: Nothing Bundt Cakes sues competitor for alleged infringement of frosting pattern, (Jan 30, 2026)

By Carolin Dennis, B.Sc., LL.B., LL.M.

Complaint asserts that Texas-based PhatCakes used a frosting pattern on bundt cakes that was confusingly similar to a frosting pattern for which Nothing Bundt Cakes owns a trademark registration.

NBC Franchisor, LLC, d/b/a Nothing Bundt Cakes, has filed a complaint in the U.S. District Court for the Eastern District of Texas against competing bakery company Phat Cakes N’ More, LLC, alleging trademark infringement and unfair competition. Nothing Bundt Cakes claimed that PhatCakes infringed its distinctive frosting pattern trademark that has been in use since October 1998 when PhatCakes began using a similar frosting design in mid-2023 (NBC Franchisor, LLC. d/b/a Nothing Bundt Cakes v. Phat Cakes N’ More, LLC, No. 4:26-cv-67 (E.D. Tex. Jan. 23, 2026)).

Nothing Bundt Cakes began its retail business in Las Vegas, Nevada, and began using its NOTHING BUNDT CAKES trademark in interstate commerce on September 8, 1997. Nothing Bundt Cakes opened its first two retail storefront bakeries in Las Vegas in October 1998 and June 2002. Since then, it has expanded its business domestically and internationally throughout the entire U.S. and in parts of Canada, and operates over 750 franchise locations. Nothing Bundt Cakes’ principal business is the production and retail sale of Bundt-shaped cakes and novelty gift items, balloons, and gift baskets sold with its Bundt-shaped cakes, as well as providing retail bakery services whereby it sells its cakes and novelty items.

According to the complaint, since its inception, Nothing Bundt Cakes has used the name “Nothing Bundt Cakes” on every cake and packaging it has ever sold. It also uses the name on the store signs and menus of every retail bakery it operates to advertise and promote its retail bakery services. In addition to its highly valuable trademarks for its names and logos, since October 1998, Nothing Bundt Cakes has continuously used a unique frosting pattern in interstate commerce that distinguishes the cakes it advertises and sells from its competitors. Nothing Bundt Cakes used this unique frosting pattern on its large Bundt cakes and its smaller Bundt cakes known as Bundtlets for several years since first using it in October 1998.

Specifically, Nothing Bundt Cakes’ frosting pattern for its Bundt cakes consists of long, narrow strips of tubular ring-shaped frosting that expand radially outward from the center of each Bundt cake to a point on the outer edge of the cake. The frosting strips are applied around the entire perimeter of the Bundt cake’s ring shape. As the company expanded throughout the U.S. and developed a national brand, Nothing Bundt Cakes’ frosting pattern became recognizable throughout the entire U.S. The unique frosting pattern indicated to the consuming public that any Bundt cake with the unique frosting pattern originated solely from Nothing Bundt Cakes. Furthermore, on November 4, 2008, the USPTO issued Registration No. 3,526,479 for the frosting pattern under Section 2(f) of 15 U.S.C. § 1051.

PhatCakes operates a retail bakery business and advertises and promotes its business through various social media sites, including Facebook, Instagram, and TikTok. PhatCakes’ bakery business primarily advertises and sells Bundt cakes and related goods, and these are identical to the goods that Nothing Bundt Cakes advertises and sells. PhatCakes began operating its business under the mark PHATCAKES in mid-2023 to advertise and promote its bakery services and its Bundt cakes dessert products in interstate commerce.

According to the complaint, in mid-June 2025, Nothing Bundt Cakes discovered PhatCakes’ advertising efforts after it began receiving complaints from its local franchises about PhatCakes’ unauthorized use of the infringing frosting pattern on its Bundt cakes. Shortly thereafter, Nothing Bundt Cakes’ counsel sent a demand letter to PhatCakes alleging that its use of its tubular frosting pattern on its Bundt cakes was likely to cause confusion with Nothing Bundt Cakes’ trademarked frosting pattern. The letter threatened PhatCakes with a lawsuit for trademark infringement if it did not stop using the infringing frosting pattern. PhatCakes ignored the demand letter and never responded.

In early September 2025, Nothing Bundt Cakes sent a second letter demanding that PhatCakes respond and cease using the infringing frosting pattern. Again, PhatCakes ignored the letter and continued to use the infringing frosting pattern. In early October 2025, Nothing Bundt Cakes contacted PhatCakes for a third time, via Facebook Messenger, demanding that PhatCakes respond and cease using the infringing frosting pattern. Nothing Bundt Cakes clearly communicated to PhatCakes that it is permitted to sell bundt cakes with cream cheese frosting, but that it cannot infringe on Nothing Bundt Cakes’ trademark by using its trademarked frosting pattern. PhatCakes viewed the message on Facebook Messenger, but never responded. Later the same day in early October 2025, Nothing Bundt Cakes made a fourth attempt to reach PhatCakes by emailing it the same letters sent previously, reiterating that it may not continue to sell its bundt cakes with the infringing frosting pattern. PhatCakes never responded to that email either.

Nothing Bundt Cakes contended that it has spent substantial sums promoting and advertising its dessert foods and cakes to deliberately associate the unique tubular frosting pattern with its Bundt cakes by using the unique tubular frosting pattern in interstate commerce and throughout the entire United States through over 600 retail franchise locations.

Nothing Bundt Cakes argued that in June 2023, PhatCakes began using a tubular frosting pattern for its Bundt cakes that is substantially similar, if not identical, to the trademarked frosting pattern that Nothing Bundt Cakes uses. Nothing Bundt Cakes contended that PhatCakes’ acts of using its tubular frosting pattern have caused and are likely to continue to cause confusion, mistake, or deception in that the public is likely to believe mistakenly that the Bundt cakes PhatCakes offer originate from Nothing Bundt Cakes, or is in some manner approved by, associated with, sponsored by or connected with Nothing Bundt Cakes.

Nothing Bundt Cakes contended that at no time before Nothing Bundt Cakes’ first use of its marks and frosting pattern did PhatCakes use its PHATCAKES name or the tubular frosting pattern for its Bundt cakes. Therefore, Nothing Bundt Cakes claimed that it has established first use and priority to the exclusive right to use its NOTHING BUNDT CAKES trademark and its unique tubular frosting pattern. Accordingly, Nothing Bundt Cakes argued that any use of a confusingly similar mark as a trademark/service mark under federal trademark law in the markets where it has established priority of use would constitute an infringement of Nothing Bundt Cakes’ intellectual property rights.

Nothing Bundt Cakes claimed that PhatCakes’ acts have damaged Nothing Bundt Cakes’ business, reputation, and goodwill and have interfered with Nothing Bundt Cakes’ use of its names and marks. Nothing Bundt Cakes also contended that unless PhatCakes is enjoined, it will continue to cause, irreparable harm and injury to Nothing Bundt Cakes for which there is no adequate remedy at law.

Claims, remedies sought. Nothing Bundt Cakes is seeking a jury trial and advances two counts against PhatCakes: trademark infringement, and common law unfair competition. Among other relief, Nothing Bundt Cakes asks the district court for a temporary restraining order and permanent injunction against PhatCakes ordering it to cease any further use of the frosting pattern it currently uses to decorate its Bundt cakes or any other similar frosting pattern that is likely to cause confusion or mistake with Nothing Bundt Cakes’ trademarked frosting pattern among consumers. Nothing Bundt Cakes also seeks damages, interest, costs, and attorney fees.

The case is No. 4:26-cv-67.

Judge: Jordan, S.

Attorneys: Theodore George Baroody (Carstens, Allen & Gourley, LLP) for NBC Franchisor, LLC.

Companies: NBC Franchisor, LLC; Phat Cakes N' More, LLC

News: Trademark TexasNews GCNNews