Johnny Cupcakes is considering suing a sorority at my school

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[/td] [/tr][tr][td]Sweet uprising: Johnny Cupcake designer discusses the basics of business with a sugary kick
Johnny Cupcake designer discusses the basics of business with a sugary kick
By: Caitlin Dewey
Posted: 3/24/09
With a battle cry of "to the sorority!," John Earle - better known as Johnny Cupcakes - leaped off the back steps of the Martin J. Whitman School of Management, charged to the front of a 30-student crowd and sprinted across Walnut Avenue to the Delta Gamma Sorority house.

The wild charge was a fitting end to Earle's even wilder three-hour long lecture sponsored by the Entrepreneurship Club. Earle, the offbeat 26-year-old designer and entrepreneur behind cult clothing line, Johnny Cupcakes, spoke to a packed auditorium in the Whitman School of Management last night before leading a crowd of fans to the Delta Gamma house.

Earle warned students to protect their brands against infringement - a point he drove home on his charge to Delta Gamma. The sorority used the Johnny Cupcakes logo without permission on a number of their T-shirts.

"Do you guys know anything about this?" Earle demanded, as the 200-strong auditorium crowd clapped and yelled in response. "How are you gonna rip off my logo and use it for a friggin' crappy sorority?"

After the lecture, about 30 students waited for Earle to finish signing autographs and talking to fans before they followed him to Walnut.

"I think it's really cool that he's meeting the (copyright infringement) head on," said Joe Raimond, a freshman political science major who has been a Johnny Cupcakes fan for several years and followed Earle to the house. It's a small sorority, but he's making it known."

The crowd stood outside the Delta Gamma house for more than 30 minutes, yelling "public apology," "say you're sorry" and "sue their %+#%*" while Earle spoke with a crowd of sorority sisters inside.

"Johnny's the bomb," said Jacob Howorth, a freshman business major in the crowd. "feel sort of bad for them, actually. But Johnny deserves an apology from those women."

Earlier in the night, Earle drew a similarly enthusiastic response from fans with "that's what she said" jokes, zany anecdotes and tried-and-true tips for making it big without selling out.

"I had to decide if I wanted to sell my soul or keep it," Earle told the crowd. "I could have made hundreds of thousands of dollars in one day off of shirts with cupcakes on them. But I would rather have something that's going to last forever than something that any Joe Shmo who shops at the mall can buy. Then it's not cool anymore."

Earle's rise to fame, which he narrated during his three-hour talk, was both improbable and meteoric. The brand was born entirely by accident: Earle made a shirt with the nickname "Johnny Cupcakes" on it and wore it to work as a joke. Customers and coworkers alike wanted to know where they could get one, much to Earles' surprise.

Decorating with pop-culture caricatures and his self-admittedly random cupcake motif, Earles began selling shirts out of the trunk of his car and out of a suitcase he took on the road with him. Before long, he had made enough money to open stores in Boston and L.A.

"We made over $20,000 in one day off of T-shirts with cupcakes on them. T-shirts with cupcakes on them," Earles said. "Come on guys. I'm gonna say that a couple of times. It's crazy!"

Everything about Johnny Cupcakes is actually a little crazy, but it's entirely intentional. Earles' L.A. store is decorated with colored oven doors that open and let out steam at random. His employees all wear aprons, and his T-shirts all have oven mitt-shaped tags.

When Earles started shipping T-shirts out of his parents' house, he included objects like batteries and dolls heads in the packaging, so that people would bring up his brand whenever they saw dolls heads or batteries. His new shirts all have "secret messages" or trivia hidden on the inside; some future shirts will function as lottery tickets, where buyers can win trips and other prizes if they get the winning design.



"But it gets weirder!" Earles said, before launching into a story about one of the store's Halloween parties. Later tangents included a discussion of his ex-girlfriend's infidelities and a run-in with "street thugs" outside his Boston store.

Innovative, hilarious and easily distracted, the self-proclaimed "Willy Wonka of T-shirts" is known for his avoidance of advertisement and outside venture capital. He has turned down offers from stores like Urban Outfitters, Nordstroms and Macy's, relying totally on customer dedication and word of mouth.

His advice for Whitman students: don't rush, don't get bummed if you go broke and most importantly, do what you love.

"You have to be passionate about what you do," Earle said. "You have to be in it for more than just the money."

Money certainly wouldn't have motivated Earle to run from Whitman to Walnut with a crowd of Cupcakes-wearing fans at his heels. In the end, however, the confrontation ended passively. At first, Delta Gamma told Earle that the girl who designed the T-shirts was not there, but Earle said she eventually came downstairs and apologized.

"They gave me one of their T-shirts and offered to make me food," Earle said. "I might go back later if I get hungry."[/td] [/tr][/table]


http://www.johnnycupcakes.com/blog/view/1608

What a joke. I'm even more shocked that people told him where they live and brought him to their house. IMO this is just for publicity. The mainstreamaudience doesn't know about his brand so if this goes public he gains something from this. Clothing line is garbage anyways. Delta Gamma along with otherPHC houses do this every year. These are made for non-profit, specifically for the newest pledge class. The PHC has to approve the use of the image so if theuniversity didn't think there was anything wrong with it they must have done something right.

syracuse_delta_gamma.JPG
 
He kinda has a point. It IS his logo and brand being used by someone not authorized to do so.

I'm sure all y'all would feel the same if you created something and then saw other people using it.

All knock-offs dilute the original brand and brand image.

PS..not a fan of the brand either.
 
Originally Posted by SIZE TENS

He kinda has a point. It IS his logo and brand being used by someone not authorized to do so.

I'm sure all y'all would feel the same if you created something and then saw other people using it.

All knock-offs dilute the original brand and brand image.

PS..not a fan of the brand either.
They aren't selling the shirts. If they were he'd have a case. These are personal mementos for the house and that's it. No one outsidethe house can get one.
 
Originally Posted by RellNye

Originally Posted by SIZE TENS

He kinda has a point. It IS his logo and brand being used by someone not authorized to do so.

I'm sure all y'all would feel the same if you created something and then saw other people using it.

All knock-offs dilute the original brand and brand image.

PS..not a fan of the brand either.
They aren't selling the shirts. If they were he'd have a case. These are personal mementos for the house and that's it. No one outside the house can get one.
I understand that. He still has to be on top of who is using his brand image though. In the article he says that his business model is to producelimited edition T's that will sell out. Giving the people that buy them the feeling of owning something exclusive or "cool". If everyone couldjust go around making their own T's with his logo on it, it would dilute the brand and the whole "cool factor" that he make his money off ofwould be gone.

Again, not saying I like the brand but I can understand him wanting to protect the logo, business and fan base that he has built.
 
Originally Posted by RellNye

Originally Posted by SIZE TENS

He kinda has a point. It IS his logo and brand being used by someone not authorized to do so.

I'm sure all y'all would feel the same if you created something and then saw other people using it.

All knock-offs dilute the original brand and brand image.

PS..not a fan of the brand either.
They aren't selling the shirts. If they were he'd have a case. These are personal mementos for the house and that's it. No one outside the house can get one.

laugh.gif
ummm.... actually yes he does have a case. he can sue the house andwhoever they went through to make those shirts.

That said, I met this guy two years ago when he opened up his store on newberry st.

he's a $$%+#%$%%.
 
everytime i see the cupcakes van or go by the store i
smh.gif
and
pimp.gif
- crazyhow a silly idea can blow up and pow...son is cakey now...off of cupcakes on a shirts...no intricate designs or crazy alterations and specialfabrics...screenprinted ts with cupcakes...


cant even hate
 
he has a right to protect his intellectual property.
something similar went on w/ the Kappas and Playboy a while back.
 
Whether he has a case or not, I find it sad that his "loyalists" sold this house out.

Enphan, he is suing the Simmons sisters.
 
like it was mentioned, girls aint selling the shirts, and dude bites alot (like many other streetwear brands, which i see nothign wrong with) but dont complainwhen someone does ti to you
resized_basketballguys.jpg



hot_new_jman-1-copy2.gif



thinking-idea-animated-animation-smiley-emoticon-000339-large.gif
 
If streetwear brands like Crooks & Castles haven't been sued yet for copying Versace's logo, Idon't see why a sorority should.
grin.gif

 
Everyone in Boston is on this dudes nuts...whats it like around the rest of the country? NYC? LA? SF?
 
Originally Posted by eNPHAN

Originally Posted by RellNye

Whether he has a case or not, I find it sad that his "loyalists" sold this house out.

Enphan, he is suing the Simmons sisters.

roll.gif
, yeah, this is the #+*$...


dude is a true lame..

he's gonna start suing hostess next...

laugh.gif


"IM A GENIUS, EVERYONE IS STEALING FROM ME!"


Originally Posted by SIZE TENS

Originally Posted by RellNye

Originally Posted by SIZE TENS

He kinda has a point. It IS his logo and brand being used by someone not authorized to do so.

I'm sure all y'all would feel the same if you created something and then saw other people using it.

All knock-offs dilute the original brand and brand image.

PS..not a fan of the brand either.
They aren't selling the shirts. If they were he'd have a case. These are personal mementos for the house and that's it. No one outside the house can get one.
I understand that. He still has to be on top of who is using his brand image though. In the article he says that his business model is to produce limited edition T's that will sell out. Giving the people that buy them the feeling of owning something exclusive or "cool". If everyone could just go around making their own T's with his logo on it, it would dilute the brand and the whole "cool factor" that he make his money off of would be gone.

Again, not saying I like the brand but I can understand him wanting to protect the logo, business and fan base that he has built.

eyes.gif
, by suing any and everyone?

is he gonna sue timmy's mom for making cupcakes for his kindergarten class?

roll.gif



Originally Posted by shabooyah1124

resized_IMG_6044.jpg

Son wants to talk about biting?
laugh.gif


laugh.gif
, exactly....

my point, exactly....
The other examples your posted are inspired by other logos.

C'mon...sorority didn't even attempt to change the logo. The used his EXACT logo.

You really don't see the difference?

Like I said before, I don't like the brand, nor do I know much about it but I understand that he's gotta protect what he built. All y'all
would feel the same had you created something.
 
Originally Posted by eNPHAN

Originally Posted by SIZE TENS

Originally Posted by eNPHAN

Originally Posted by RellNye

Whether he has a case or not, I find it sad that his "loyalists" sold this house out.

Enphan, he is suing the Simmons sisters.

roll.gif
, yeah, this is the #+*$...


dude is a true lame..

he's gonna start suing hostess next...

laugh.gif


"IM A GENIUS, EVERYONE IS STEALING FROM ME!"


Originally Posted by SIZE TENS

Originally Posted by RellNye

Originally Posted by SIZE TENS

He kinda has a point. It IS his logo and brand being used by someone not authorized to do so.

I'm sure all y'all would feel the same if you created something and then saw other people using it.

All knock-offs dilute the original brand and brand image.

PS..not a fan of the brand either.
They aren't selling the shirts. If they were he'd have a case. These are personal mementos for the house and that's it. No one outside the house can get one.
I understand that. He still has to be on top of who is using his brand image though. In the article he says that his business model is to produce limited edition T's that will sell out. Giving the people that buy them the feeling of owning something exclusive or "cool". If everyone could just go around making their own T's with his logo on it, it would dilute the brand and the whole "cool factor" that he make his money off of would be gone.

Again, not saying I like the brand but I can understand him wanting to protect the logo, business and fan base that he has built.

eyes.gif
, by suing any and everyone?

is he gonna sue timmy's mom for making cupcakes for his kindergarten class?

roll.gif



Originally Posted by shabooyah1124

resized_IMG_6044.jpg

Son wants to talk about biting?
laugh.gif


laugh.gif
, exactly....

my point, exactly....
The other examples your posted are inspired by other logos.

C'mon...sorority didn't even attempt to change the logo. The used his EXACT logo.

You really don't see the difference?

Like I said before, I don't like the brand, nor do I know much about it but I understand that he's gotta protect what he built. All y'all
would feel the same had you created something.

did they create a clothing line and pass the shirts off as their own creation for profit?

that's what copyright infringement is for....

laugh.gif
@protecting his "brand"

eyes.gif

actually, naw man, that isn't what copyright infringement is...

copyright infringement is using a copyrighted material, for profit or otherwise, without the permission of the owner.

so yea he CAN sue them. whether it's worth it and how much a court would award him is another story.
 
this is stupid. Those shirts are only distributed through the sorority. If anything he's doing this for publicity.
 
Originally Posted by eNPHAN

Originally Posted by Nako XL

Originally Posted by eNPHAN

Originally Posted by SIZE TENS

Originally Posted by eNPHAN

Originally Posted by RellNye

Whether he has a case or not, I find it sad that his "loyalists" sold this house out.

Enphan, he is suing the Simmons sisters.

roll.gif
, yeah, this is the #+*$...


dude is a true lame..

he's gonna start suing hostess next...

laugh.gif


"IM A GENIUS, EVERYONE IS STEALING FROM ME!"


Originally Posted by SIZE TENS

Originally Posted by RellNye

Originally Posted by SIZE TENS

He kinda has a point. It IS his logo and brand being used by someone not authorized to do so.

I'm sure all y'all would feel the same if you created something and then saw other people using it.

All knock-offs dilute the original brand and brand image.

PS..not a fan of the brand either.
They aren't selling the shirts. If they were he'd have a case. These are personal mementos for the house and that's it. No one outside the house can get one.
I understand that. He still has to be on top of who is using his brand image though. In the article he says that his business model is to produce limited edition T's that will sell out. Giving the people that buy them the feeling of owning something exclusive or "cool". If everyone could just go around making their own T's with his logo on it, it would dilute the brand and the whole "cool factor" that he make his money off of would be gone.

Again, not saying I like the brand but I can understand him wanting to protect the logo, business and fan base that he has built.

eyes.gif
, by suing any and everyone?

is he gonna sue timmy's mom for making cupcakes for his kindergarten class?

roll.gif



Originally Posted by shabooyah1124

resized_IMG_6044.jpg

Son wants to talk about biting?
laugh.gif


laugh.gif
, exactly....

my point, exactly....
The other examples your posted are inspired by other logos.

C'mon...sorority didn't even attempt to change the logo. The used his EXACT logo.

You really don't see the difference?

Like I said before, I don't like the brand, nor do I know much about it but I understand that he's gotta protect what he built. All y'all
would feel the same had you created something.

did they create a clothing line and pass the shirts off as their own creation for profit?

that's what copyright infringement is for....

laugh.gif
@protecting his "brand"

eyes.gif

actually, naw man, that isn't what copyright infringement is...

copyright infringement is using a copyrighted material, for profit or otherwise, without the permission of the owner.

so yea he CAN sue them. whether it's worth it and how much a court would award him is another story.
eyes.gif
, only really punishable if you make a profit off of said copyrighted material....


please read more carefully, nako...

i said

"this is what copyright infringement is FOR"....not what it 'is'..

and yes, that actually DOES make a difference in that sentence...



Originally Posted by freakydestroyer

this is stupid. Those shirts are only distributed through the sorority. If anything he's doing this for publicity.
exactly. which is the same reason he's suing the simmons'
laugh.gif
semantics.

if he let's people off for using his logo then it devalues his product and also encourages further infringement. go try to print some Disney tees and handthem out for free, and see if they won't come take your home.

And substituting the words "for" and "is" doesn't make a difference in your sentence unless your arguing the intent of legislators whenwriting that law. And their intent was to protect creative property and investments.

I don't even know why i'm arguing in this guy's defense, though, I hate him.
 
Not a fan of advertisements my %%*. He's just not a fan of conventional advertisement. He rather be a @%%* and sue more well-known people as a way to gethis name out. It seems to have worked since this is the first time I've ever heard of this guy's brand. That being said, his brand sucks and Iwouldn't buy it. If he's thinking about expanding he should think twice, those whack %%* shirts can stay in Boston and LA.
 
Originally Posted by eNPHAN

Originally Posted by SIZE TENS

Originally Posted by eNPHAN

Originally Posted by RellNye

Whether he has a case or not, I find it sad that his "loyalists" sold this house out.

Enphan, he is suing the Simmons sisters.

roll.gif
, yeah, this is the #+*$...


dude is a true lame..

he's gonna start suing hostess next...

laugh.gif


"IM A GENIUS, EVERYONE IS STEALING FROM ME!"


Originally Posted by SIZE TENS

Originally Posted by RellNye

Originally Posted by SIZE TENS

He kinda has a point. It IS his logo and brand being used by someone not authorized to do so.

I'm sure all y'all would feel the same if you created something and then saw other people using it.

All knock-offs dilute the original brand and brand image.

PS..not a fan of the brand either.
They aren't selling the shirts. If they were he'd have a case. These are personal mementos for the house and that's it. No one outside the house can get one.
I understand that. He still has to be on top of who is using his brand image though. In the article he says that his business model is to produce limited edition T's that will sell out. Giving the people that buy them the feeling of owning something exclusive or "cool". If everyone could just go around making their own T's with his logo on it, it would dilute the brand and the whole "cool factor" that he make his money off of would be gone.

Again, not saying I like the brand but I can understand him wanting to protect the logo, business and fan base that he has built.

eyes.gif
, by suing any and everyone?

is he gonna sue timmy's mom for making cupcakes for his kindergarten class?

roll.gif



Originally Posted by shabooyah1124

resized_IMG_6044.jpg

Son wants to talk about biting?
laugh.gif


laugh.gif
, exactly....

my point, exactly....
The other examples your posted are inspired by other logos.

C'mon...sorority didn't even attempt to change the logo. The used his EXACT logo.

You really don't see the difference?

Like I said before, I don't like the brand, nor do I know much about it but I understand that he's gotta protect what he built. All y'all
would feel the same had you created something.

did they create a clothing line and pass the shirts off as their own creation for profit?

that's what copyright infringement is for....

laugh.gif
@protecting his "brand"

eyes.gif
Regardless of if you like the guy or not he does have a "brand" and a seemingly successful one at that. Perhaps not widely mainstreamsuccess but success none the less.
 
Originally Posted by eNPHAN

Originally Posted by Nako XL

laugh.gif
semantics.

if he let's people off for using his logo then it devalues his product and also encourages further infringement. go try to print some Disney tees and hand them out for free, and see if they won't come take your home.

And substituting the words "for" and "is" doesn't make a difference in your sentence unless your arguing the intent of legislators when writing that law. And their intent was to protect creative property and investments.

I don't even know why i'm arguing in this guy's defense, though, I hate him.

i knew your response would be "semantics" which is why i specifically highlighted the word....


i am arguing the intent of the law..."That's what copyright infringement is for...." meaning, they made the law so you couldn't profit off of someone else's work...PROFIT is the key word...all this "marketing" and "branding" is neo-communications talk....

at the end of the day, the actions of this TINY sorority in whatever TINY campus isn't affecting the branding of the company....seriously, he's not some mecca of fashion...he's an independent t shirt guy...suing people for using scrolls on their shirts, too?


so he's got cupcakes on lock, cross bones on lock, LRGs panda (but eating a cupcake) on lock, the jordan jumpman logo with a cupcake on lock, random scrolls....what's next? the nifty little cupcake tag he puts on the bottom of his shirts (not the first at that, either)


disney?

what do you mean? airbrushers knock off disney characters hourly......
laugh.gif
, where is big bad disney at?

Tat artists, too....i mean, come on, big bad disney is on it, right?

you said they'd have me for passing shirts out for FREE

i just named two professions, employing well into the 100s of thousands of americans...

how many of them have been sued?

eyes.gif


like i said, dude is a lame...

instead of actually advertising, he's using the U.S. court system for publicity...

he's currently suing:

The Simmons' Sisters
A no-name Sorority

who's next?

nako, he's going to sue you for your cupcake schedule on NCAA soon....

roll.gif


he's gonna start suing people for using "cupcake" as a derogatory term for homosexual, too...

just wait...

it won't stop him from printing any of his BLATANT rip-offs, though...
eyes.gif


cupcake_tee.jpg



OH NOOOOZ

SUE MRCLOUD.COM, TOO!
I wouldn't go as far as calling Syracuse University and Delta Gamma tiny but I see your point.
 
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