May 8, 2013 | By Parker Higgins and Dave Maass

Baking With EFF: (Not) Derby Pie, the Trademarked Treat

One of our most recent additions to the Takedown Hall of Shame is Kern's Kitchen, the company behind the "most litigious dessert in America." It owns a trademark on the term Derby Pie, which is the name of a popular Southern confection made with chocolate, pecans, and lots of sugar. Anybody's allowed to make it—and there are plenty of variations online and in cookbooks—but if you call it Derby Pie, you might find yourself on the receiving end of a legal threat from Kern's Kitchen.

Earlier this year, the company threatened Wordpress.com for hosting individual websites that distributed recipes under the forbidden name. In order to avoid a trademark lawsuit, Wordpress advised those bloggers change the name of the recipe to something more descriptive.

On a special episode of our cooking program "EFF's Kitchen," we bake our own for a special trademark taste test.

mytubethumbplay
Privacy info. This embed will serve content from youtube-nocookie.com

Delicious. You can make your own Mean-Spirited Censorship Pie by using the recipe from this threatened blogger.


Deeplinks Topics

Stay in Touch

NSA Spying

EFF is leading the fight against the NSA's illegal mass surveillance program. Learn more about what the program is, how it works, and what you can do.

Follow EFF

EFF is a charity beneficiary of this week's @Humble PC & Android Bundle 14. Pay what you want and support our work. https://www.humblebundle.com/...

Jun 28 @ 4:56pm

This song belongs to you and me. https://www.techdirt.com/arti...

Jun 28 @ 3:37pm

Fun animated video on surfing securely with HTTPS Everywhere, in German with English subtitles. https://www.youtube.com/watch...

Jun 28 @ 2:33pm
JavaScript license information