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.

mytubethumb play
%3Ciframe%20src%3D%22https%3A%2F%2Fwww.youtube-nocookie.com%2Fembed%2F9jD8NatbJi0%3Frel%3D0%26autoplay%3D1%22%20allowfullscreen%3D%22%22%20frameborder%3D%220%22%20height%3D%22360%22%20width%3D%22640%22%3E%3C%2Fiframe%3E
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

Congress is considering stripping away crucial online privacy protections. Tell them not to. https://act.eff.org/action/te...

Feb 23 @ 4:21pm

Strong leadership by @Jasoninthehouse & @RepCummings in calling for warrants for cell-site simulators. https://www.eff.org/deeplinks...

Feb 23 @ 3:04pm

Looking for ways to protect your privacy and security online? Start here. https://ssd.eff.org/en/playli...

Feb 23 @ 2:42pm
JavaScript license information