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If memory serves us correctly, the NYC as Cupcake Town thing peaked around 2003 (but don't tell the lemmings lined up outside Magnolia, they're just catching on), then tapered off into a general acceptance and acknowledgment of the cupcake as the latest ubiquitous New York food. The virtual omnipresence of designer cupcakes, then, leaves us rather confused, then, about a fresh new legal drama.

Jennifer Appel, former owner of Magnolia Bakery and current owner of Buttercup Bake Shop, is suing former Buttercup employee Mark Libertini for opening his own store, the Little Cupcake Bakeshop. Libertini is being sued for 90% of his menu which, according to Appel, is directly lifted from her Magnolia and Buttercup recipes. Her recipes, however, are public domain, as she's published them in books.

Also, they're cupcake recipes — the whole batter-in-a-baking-tin isn't exactly a patented secret.

NYC Cupcake Wars: Buttercup vs. Little Cupcake [Cupcakes Take the Cake]