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 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.

mytubethumb play
Privacy info. This embed will serve content from

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

Americans targeted by state-sponsored malware
have the right to hold their attackers accountable, EFF tells court:

Oct 25 @ 11:00am

Report: law enforcement in 26 states use facial recognition in combination with driver license and ID photos.

Oct 25 @ 10:16am

Install EFF's plug-in Privacy Badger to protect your online browsing from invasive third-party trackers

Oct 25 @ 9:43am
JavaScript license information