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

Zero-rated apps like Facebook's Free Basics are bad for users, whether in developing countries or in the U.S.

Oct 27 @ 1:01pm

Watch EFF Senior Staff Attorney @NCardozo's DEF CON talk on the state of cryptography and the law

Oct 27 @ 12:35pm

OTI Director @KevinBankston has published a fantastic essay about science fiction, tech policy, and EFF

Oct 27 @ 12:18pm
JavaScript license information