The Trade Secret Is In the Swirl Cupcake: Bakery Sues To Protect Its Signature Icing Topping

Apparently it’s not just the sweet, delicious taste of Magnolia Bakery cupcakes that had people lining up in droves for a box or three since it opened its first store in Greenwich Village, New York over 15 years ago.

According to a Complaint filed on September 20, 2012 by Magnolia, entitled Magnolia Intellectual Property, LLC v. Buba Trawally, et al., Civ. A. No. 12-7102, in the U.S. District Court for the Southern District of New York, the cupcakes are also distinguishable and highly valued because of their “unique, distinctive, and immediately recognizable look — the ‘Magnolia Signature Swirl’ icing topping.” Magnolia maintains as trade secrets its cupcake recipes, including the Signature Swirl, which it claims has become well recognized and associated with the Magnolia name. According to articles attached as exhibits to the Complaint, it takes anywhere from 8 to 40 hours of training to perfect the Signature Swirl. It should come as no surprise, therefore, that the company requires each of its bakers to sign confidentiality agreements to protect its trade secrets, as well as other proprietary and confidential information.

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