Copyrights on a cake design? - Page 3

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!

(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!

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

I love the idea of sending her a link to every cheesebuger cake / cupcake on the net. A couple everyday should do it.

This lady is nuts!!!!

BTW - your are great... I put your pic into my favs.

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

Theresa

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!!!

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?"

But I guess that's why we have lots of lawyers, huh?!

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.

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.

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?????

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

ROTFL!

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!

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!