Johnny Cupcakes

I like this site and the products sold there quite a bit. The first time I stumbled upon the site, I could not help but fear for the designer exposing his designs to the world. How easily may another one get "inspired" by the designs, and produce a similar line? If I would design a screen print tee-shirt, using cup capes as a pun, would it be copyright infringement? The mere idea of using cupcakes as a design motto is a mere idea, and ideas are not protected by copyright. How closer to the original design should I move to break the law?

In a recent Wall Street Journal article about the brand, Mr. Johnny Earle, who is indeed Johnny Cupcakes, is quoted saying" Johnny Cupcakes is more than a brand. It's my name." Well, let's hope that it is not just a name, and that this "name" has acquired secondary meaning, and is indeed is a trademark.