What about if I just give them a cupcake with a tight coil of chocolate icing on top?

This is just a little more ridiculous that Apple claiming it invented rounded corners.

Ah.... Their website is highlighting a cupcake, which is clearly a Hostess Cupcake rip-off...
http://store.magnoliabakery.com/cupcakes…

Magnolia is so fucking overrated and this move is bullpucky.

The Magnolia swirl is pretty damn distinctive. I know a Magnolia cupcake on sight; it's a marketing thing. I don't think it's that big a deal for someone to swirl their icing so it won't be mistaken a Magnolia cupcake. Which, honestly, is probably better for him in the long run as people won't assume they're just getting a Magnolia cupcake.
I think it's basically a dick move on Magnolia's part but I do understand why they're doing this.

@4 is completely right. Magnolia is passable at best, and they sure as hell were not the first to swirrl icing. Trophy's cupcakes are easily twice as good and have much better ingredients.

The little thing on the top of Dairy Queen ice cream cones
http://allsecretrestaurantrecipes.com/wp…
is trademarked too. They'll sue businesses that try to copy it.