Wednesday, November 10, 2010

'Cake Boss' will keep his name, settles 'amicably' with software company

Baking with the BossBuddy Valastro, star of TLC's "Cake Boss," will keep his name after settling with a software company under the same name. Brett Wilshe/The Jersey Journal It seems that "Cake Boss" Buddy Valastro will be keeping his name after all.

The Learning Channel (TLC) and Seattle-based company Masters Software, Inc. have settled their lawsuit over the use of the trademarked name "Cake Boss," according to a news release from Masters Software's attorney K.D. Long.

"The parties have agreed to resolve the matter amicably and in a confidential settlement agreement," stated the release.

The agreement concludes that John and Kelly Masters, co-owners of the software company, will continue to use the name CakeBoss in exclusive connection with their business management software for bakers and in non-exclusive connection with online recipes and cake decorating kits. Valastro and TLC will continue to run the popular reality TV series that features Carlo's City Hall Bakery in Hoboken under the name "Cake Boss."

In July, a federal court judge in Seattle, Wash. issued a temporary injunction barring "Discovery Communications," TLC's parent company, from using the name "Cake Boss" following the last episode of the show's third season.

"Contrary to Discovery's implicit contention, there is no 'television shows always win' rule in the Ninth Circuit, as an examination of the cases reveals," said Judge Richard A. Jones in his 24-page order this summer.

The Masters filed suit against Valastro and TLC after, they argued, the baker and the company ignored their warnings that they had owned the name since 2006. TLC announced the series in 2007.

According to the agreement, the Masters and the Boss have mutually agreed to "make no further public statements," the release said.

When asked about the incident earlier this week, Valastro deflected the question, launching into a discussion of his new book coming out on Nov. 2, the premier of his competition spin-off "Next Great Baker" on Dec. 6, and "40 episodes on 'Cake Boss' (season) four."

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