Aussie cinnamon scroll baker in battle of the buns with US chain

A Melbourne cinnamon scroll baker is in a legal war with a US chain that is demanding he change the name of his family business.

Cinnabuns has been ordered to rebrand within 10 days or risk further action from Cinnabon — which has almost 2000 stores globally, including 26 in Australia — with the American company claiming the Aussie business has violated a trade mark it has held since the 1980s.

Cinnabuns owner Mike Ying, who studied baking in France, said he was “very disappointed” to receive a legal letter from Cinnabon.

He told A Current Affair he had never even heard of Cinnabon.

“I feel like I have to fight against a big name,” he said.

“We are just a small family business.”

In a cease and desist notice, lawyers said the name Cinnabuns was “aurally, visually and phonetically similar to Cinnabon”.

“There is a real chance that the conduct will, or has the potential to, confuse or deceive consumers, and therefore constitute trade mark infringement.”

Macpherson Kelley principal Belinda Sigismundi, who is an expert in intellectual property but not involved in this case, said trademarks were fiercely protected by companies.

“Christian Louboutin has the red-soled shoe, so he has actually trade marked the red sole of the shoe — nobody can make red-soled shoes in all the countries he’s protected that trade mark in,” she told ACA.

“Toblerone has the shape of the packaging protected.

“If a consumer can be confused, then a trademark infringement is likely to be made out.”

Mr Ying said he was considering his options and has put the call out to his customers to help him find a new business name.