Strange question for you all:
A show promoter contracted me today after I expressed interest in selling cookies and mini cakes at a 3 day event. I was told that everything was A-OK for my merchandise EXCEPT that I would not be able to use Wilton "duck" bags (you know, the ones some of us use for baby showers) for my products because there is another vendor there that uses them. Curious to know if this is legal; after all, the vendor doesnt have an exclusive packaging license with Wilton and she doesnt own the design. I dont have the time to shop for new packaging on my baby show sugar cookies so should I sweat it? I have never encountered this before, so any ideas or suggestions would be appreciated.

The other vendor may not have exclusive packaging rights, but the host of the event has the right to dictate packaging methods. At least that's the case here. Don't sweat it. You wouldn't want your product confused with another vendors product anyway. I would just get the clear bags and let your work shine through.

/rant on
Got a bit more info today.

Father forgive me, for I am going to choke someone.

It seems that the other vendor does not have an "contract" with anyone. She just made some demands that a) nobody can sell a product with the same ingredients as hers b)nobody can have simular packaging as hers and C) a few other "demands" that dont apply to me.
So in other words, what she is saying is that nobody can bake a cookie simular to what she bakes or use the same cellobags as her? Is she afraid of a "copycat" or something?
Legally, I don't think this is allowed. I mean, as far as I know, you can't copyright a recipe, but you can publish a book of recipies and copyright that.

Venting, and now I will exit.
/rant off

That's pretty ridiculous of her, really. How can she possibly demand no one use the same ingredients as her? Does she expect the promoter to request an ingredient list from every potential vendor for approval?? "Oops! I see you use butter in your cookies. Sorry - but we already have a vendor signed up who uses butter. Maybe next time."????

Seems like she's PARANOID of someone else selling a superior product so she's nitpicking everything, seeing if the promoter and/or venue will at least verbally agree to it, hoping to ward off any other similar vendors....in my book, that's what you would call a BULLY! There is nothing legally binding the promoter or vendor to any of her demands or even requests...except for whatever is in the paperwork that she would have signed when she joined the event as a vendor. I've done shows before, so I can testify that those agreements don't have the best interests of the vendor in mind, necessarily...it's more for the protection of the promotion company or venue, rather. Unless there's a clause somewhere that says something to the effect of 'there will be only 1 type of each vendor allowed' or 'no two vendors selling the same or too similar products will be allowed' - then there's really nothing she could do to you or the promoter/venue. Other than, of course, being a major PITA!

I agree that you don't want to do something that is the exact same as another vendor, though...such as using the same ducky favor bags that she is. And, IMHO, printed bags aren't near as 'classy' as the clear bags with a coordinating tag and ribbon on them. To me, the printed bags just cover up the product or 'clouds the view', if you will. You want your cookies to be what gets someone's attention, I think...not the ducks on the bag. I say blow her and her little ducky bags outta the water and make your packaging clear to show off your COOKIES!!!

I agree with JennT.