You can trademark cupcakes??

Ok, maybe it is my pregnancy cravings kicking in, but this story caught my attention.

http://www.reuters.com/article/entertainmentNews/idINIndia-35026520080815

Sprinkles Cupcakes, a Beverly Hills cupcake maker who sells “high-end” pastries, which have become famous by such celebrities as Oprah, is accusing another cupcake company, Famous Cupcakes, for stealing its trademark “Modern Dot” cupcake design. Sprinkles Cupcakes claims that Famous Cupcakes, which has stores in Texas and Arizona, has used its trademark “nested circle design” on their cupcakes and packaging, as well as using the store and website design. In my opinion this is ridiculous, and Sprinkles Cupcakes should have no claim for trademark violation. I am pretty sure that I and every other “soccer mom” have violated this trademark.
Check out the two websites and see for yourself.

http://www.famouscupcakes.com/
http://www.sprinklescupcakes.com/

Alright, now I need a snack.