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Copyrights on a cake design? - Page 3

post #31 of 150
Thread Starter 
Quote:
Originally Posted by RoseCitySugarcraft

ok, if this IS indeed a case of copyright infringement (which, arguably, it sounds like it is NOT), then why would this woman not have had her lawyer contact you in a "formal cease and desist order" context? That's how these things are done in the "real" world...not in a "Hey! You stole my idea! Stop it!" manner.



that was my thought....y didn't her lawyer contact me or why didn't she send the copyright info up front.....i'll let u guys know if/when i hear back from her
post #32 of 150
Oh, by the way, I need to let you all know that I have copyrighted the word 'cake', so everytime you say, write, type, think, or sign(language) the word, you are going to need to give me a dime. Sorry for any inconvenience, but I am sure you understand the need for me to protect myself from people mindlessly using my work! icon_lol.gif

(ok, now, I am not really falsely claiming an *actual* copyright here, just making a joke, please don't drag me onto People's Court!!hahaha)

But seriously, a pitcher of daquiris would fix what ails her. Or it would at least make her more fun to deal with. Let us know if she ever writes back!
Melvira: Mistress of the dark... chocolate!

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Melvira: Mistress of the dark... chocolate!

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post #33 of 150
I'd have told her I got the idea from something I ate last week for lunch. But I'm a smartass....
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Fall down 7 times....get up 8
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post #34 of 150
Thread Starter 
Quote:
Originally Posted by karateka

I'd have told her I got the idea from something I ate last week for lunch. But I'm a smartass....



u guys r hilarious! i'm at work (yes, i have a full time job too - grrrr) and i keep laughing out loud at all of u!!! icon_lol.gif
post #35 of 150
I love the idea of sending her a link to every cheesebuger cake / cupcake on the net. A couple everyday should do it. icon_evil.gif

This lady is nuts!!!!

BTW - your are great... I put your pic into my favs.
post #36 of 150
Hey, how about a cheeseburger cake tutorial? That would really chap her butt, now wouldn't it?

Theresa icon_smile.gif
post #37 of 150
For whatever reason, this has really bothered me!! I guess because I feel like we live in a society where everyone wants to sue one another over anything. So I have searched and searched the internet the find hamburger cupcakes.

DH just got home and we are looking at the websites trying to guess which one is the emailer!!!
Chicken noodle soup, chicken noodle soup, chicken noodle soup with a soda on the side!!!
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Chicken noodle soup, chicken noodle soup, chicken noodle soup with a soda on the side!!!
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post #38 of 150
Slightly off topic, but when I worked for a wire mfg'r, I got a call from a lady who had a copyright on some wiring technique she had come up with and she was trying to sell it to mfg'rs. I gave her to our head of engineering. I stopped him later and asked him about it. He said "It can't work. It won't pass UL inspection." I was confused and said, "But she got a copyright on it?" He said, "You can get a copyright on about anything.....they just check to see if anyone else filed the idea. That doesn't mean the idea is a good one .... if anyone made wire using her idea, the building would catch fire!"

(Melvira, I know you're just kidding around), but just some more FYI ...... I was involved in a trademark issue while with a casket mfg'r. During the process I learned that 'common' words cannot be trademarked. For example, a casket mfg'd cannot trademark "casket" or "coffin" because it is such a commonly used word that it would be prohibitive to others in the industry. THis prohibits anyone from doing a word-search and deciding "Hey! No one "owns" the phrase "wedding cake" so I'll trademark it and then no one else can advertise for wedding cakes!" It's such a common phrase that it cannot be trademarked.

I did know a lady who owned a restaurant, who claimed to have trademarked or copyrighted a sandwich that she created/sold. I was thinking at the time "how do you stop some guy in New York from thinking of the same sandwich without knowing anything about yours?" icon_confused.gif

But I guess that's why we have lots of lawyers, huh?! icon_eek.gif
post #39 of 150
Really, all you need to do is prove that someone else did the design before her. I used to do research for collectible companies and we had a lawsuit filed against us for copying the idea of a Noah's Ark salt and pepper set. Really, frivolous as far as I'm concerned --2X2 themes Noah's Ark and salt & pepper, not really a ground breaking new idea.

Anyway I ended this lawsuit by finding another company who had marketed Noah's Ark salt & pepper shakers prior to the date he claimed he made his.
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I know grammar, syntax and I can spell -- I just can't type!
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post #40 of 150
This is a fascinating thread! It blows my mind that someone has the gall to state that they own the copyright to the concept of a "cheeseburger" cupcake. I have seen so many beautiful cakes on this website, truly original designs which are probably 100% copyrightable. But how can you copyright a "cheeseburger"? Sharon's info about "unique artistic elements" is right-on, and somehow I don't think that using fondant, a common CAKE DECORATING confection, would qualify as a unique artistic element for a cake that simply looks like the food item that it's representing. Maybe if she copyrighted a cheeseburger cupcake that used...I dunno...swarovski crystals...? Stained glass? LOL...

Maybe we should all feel bad for this lady. As an artist, I know there is nothing worse than coming up with an original idea and then discovering that 800 other people have already thought about it. Her heart probably just sank when she realized how many cheeseburger cupcakes already existed, and I'd guess that in a sheer state of denial, she lashed out. Poor thing.
post #41 of 150
Quote:
Originally Posted by zenu

I have an old Betty Crocker cookbook for Kids from 1979! My mom got it for me and I loved it- I still treasure it as a special momento. Well, in that book is a recipe for a Cheeseburger Cake and a picture of the finished product! Trust me! Cheeseburger cupcakes and Cheeseburger cakes are not unique designs! I think that lady is nuts!

By the way- those cupcakes are sooooo cute- I love them!



P.S. to my above post: The reason I was involved in a trademark issue with the casket company was that another casket mfg'r was trying to say we were infringing on their recently copyrighted/trademarked phrase. We just had to pull out all of our literature to show we had been using that phrase for YEARS before they claimed it as "theirs" and it quickly became a non-issue.

Sounds like this chic needs to get a copy of Betty Crocker's book. Or .... Hmmmmm .... maybe Betty Crocker would like to contact her about using THEIR design????? icon_lol.gificon_lol.gificon_lol.gificon_lol.gif
post #42 of 150
This is crap!!! My oldest son is going to be 30.
I made the cheeseburger vanilla wafer cookies. Some of you will know what I am talking about. So back then if someone could make them out of vanilla wafers what makes this woman think that we couldn't figure out how to make one out of a cupcake!!!! DUH!!!!!

I'm with Karateka, but mine with have been 30 years ago! lol
Lu
Don't tell your God how big your problems are--
Tell your problems how big your God is!!!
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Don't tell your God how big your problems are--
Tell your problems how big your God is!!!
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post #43 of 150
Quote:
Originally Posted by playingwithsugar

Hey, how about a cheeseburger cake tutorial? That would really chap her butt, now wouldn't it?

Theresa icon_smile.gif



ROTFL! icon_lol.gif
post #44 of 150
Oh sure Debi... end my new money making escapade before it even starts. I'm willing to cut you in if you print a retraction! icon_lol.gif
Melvira: Mistress of the dark... chocolate!

Well that's just great. Peanut butter in my crack.
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Melvira: Mistress of the dark... chocolate!

Well that's just great. Peanut butter in my crack.
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post #45 of 150
Quote:
Originally Posted by marcy11

I do not believe for one second that she is the only person ever who has made a cheese slice out of fondant.... .


I made cheese out of fondant for the cheeseburger on my grill cake!!! Let her prove that she made them first and is the original creator - which she is not!
"Let your legacy not be the stupid forgettable dandruff of life but that you LIVED. That you were here and that people remember YOU in all your wonderfulness. Not your stuff. Because stuff is forgettable." - - Jackie (a blog writer from Canada)
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"Let your legacy not be the stupid forgettable dandruff of life but that you LIVED. That you were here and that people remember YOU in all your wonderfulness. Not your stuff. Because stuff is forgettable." - - Jackie (a blog writer from Canada)
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