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Copyrights on a cake design? - Page 4

post #46 of 150
I'm so sorry this lady was ugly to you. I agree - don't do a thing about removing your picture until she gives you some proof....which I'll be shocked if she can. The nerve of some people!!!

Where's Jan with the list of links to other burger cakes???

BTW - yours are adorable.
"This recipe is certainly silly. It says to separate two eggs, but it doesn't say how far to separate them." ~Gracie Allen
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"This recipe is certainly silly. It says to separate two eggs, but it doesn't say how far to separate them." ~Gracie Allen
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post #47 of 150
Quote:
Originally Posted by ceshell

....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.



My husband does stand up comedy on the side. He will frequently come downstairs with a new bit he's just written and I'll bust his bubble by telling him it was funnier when Foxworthy or Seinfeld did it. He SWEARS, ".... But I didn't see them do it! I just spent 2 hours writing this!" It's really original ... to him .... he wrote it. But it's already been done.

Great minds, ya know! thumbs_up.gif
post #48 of 150
I can't even believe her nerve.....

I had a Cheeseburger birthday cake for my 10th birthday and that was 29 years ago! icon_lol.gif I don't think that it is a stretch that there have been Cheeseburger cupcakes out there thatlong as well. I think it is pathetic for her to think she can copyright a cheeseburger. If it had her bakeries logo printed across the bun then maybe....but then no one would by hers would they?!
post #49 of 150
Quote:
Originally Posted by playingwithsugar

Something I did learn this week, which I will share with all of you. All materials that are copyrighted in the US are cataloged in the Library of Congress. Therefore, if the item is truly copyrighted, you would be able to go to the LOC and look at it. To claim a copyright that does not exist is punishable for misrepresentation under federal law.

Theresa icon_smile.gif



That is definitely NOT true. According to the US Copyright Office (http://www.copyright.gov/help/faq/faq-general.html#mywork), you do NOT need to register to be protected. However, you DO have to register if you wish to bring a lawsuit for infringement of a U.S. work. Registering before infringement occurs does make it easier to prove that your work was created prior to the one you claim is an infringement.

Red Panda
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One of the advantages of being disorderly is that one is constantly making exciting discoveries.
- AA Milne -
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post #50 of 150
I have to laugh, is she going to sue wal mart too??? I saw hamburger cupcakes at wal mart, and they had fries with them! The fried looked to be pound cake, cut to look like thos ebig steak fries LOL.
post #51 of 150
OK, I second the tutorial because I really want to know how you did the meat part. I love those, I am going to make them myself, and put pics up icon_smile.gif
post #52 of 150
I made a Hamburger cake back in 2000 and never saw a single picture of one before I did, nor did I have the Internet, and I used Fondant for the cheese on mine too??? :\\

I can understand your concern about this, it would worry me too, but I really don't think you have anything to worry about, that's what happens when you put your cake pictures out for millions to see, someone is bound to have made one simular before you,someone will make one like it after you, and some of us probably just got the idea from your pictures to do some like yours too!

I loved your hamburger cupcakes, you did a great job, and I put the pic in my favorites as well....so she may be after me next, cause if the opportunity comes up to make hamburger cupcakes, I will use the same concepts as I did with my first cake and I aint never saw her web site either!

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Cake Decorating Instructor and Wilton Method Instructor 

 

Website: http://frosting111.webs.com/

Facebook Cake Page: https://www.facebook.com/SweetInspirationsCakeDesigns

 

Food brings people together, but a cake makes it a party! 

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post #53 of 150
I think she tried to bluff you.
I mean a LOT of people don't understand the correct definition of copyright or trademarks etc and she thought she could scare you off as a competitor. She could have even truly believed it and probably rang to find out what her copyright number is and they explained the reality to her.
I am unsure if it is different overseas, but here in Australia you can't copyright a cake design like that. You can copyright the photo of the cake, but not the cake itself and anyone can make their own and photograph their own and voila.. no infringement!

But a lot of stuff is misunderstood eg. did you know that TM does NOT mean Trademark? Most people think it does, but I went to a seminar with the head of IP(intellectual property) australia and he dumbfounded us all by telling us that.
I have trademarked my business name and have the little r in the circle next to it as that is the correct registered trademark signage. TM means nothing at all, can me tough monkeys if you like but it doesn't mean you are trademarked!

It is all so very confusing, that you can see if she misunderstood, but she really needs to do her homework before accusing someone.
post #54 of 150
I am dying to know if there have been any updates. I am sure that she is bluffing. I really don't think you will ever hear back from her. If she is reading this thread she will know that she has no way out of this one.
post #55 of 150
I find this lady amusing. I just was looking at the June issue of Modern Baking. There is an ad for an airbrush system that has a cheeseburger on it, lol! Guess she has lots of people to sue.
Andrea
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Andrea
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post #56 of 150
Three things::

1. I want to know if she ever contacts you with her documents.

2. I think you should not only find every cheeseburger picture on here, but print them off and mail them to her in a big box shapped like a cheeseburger.

3. I would love to see her chesseburger cupcake so then we can compare!! (not bash - but compare!)
"There is nothing I enjoy better than a nice big piece of cake and tall cold glass of Diet Coke!"
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"There is nothing I enjoy better than a nice big piece of cake and tall cold glass of Diet Coke!"
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post #57 of 150
Quote:
Originally Posted by MillyCakes

Three things::

1. I want to know if she ever contacts you with her documents.

2. I think you should not only find every cheeseburger picture on here, but print them off and mail them to her in a big box shapped like a cheeseburger.

3. I would love to see her chesseburger cupcake so then we can compare!! (not bash - but compare!)

OMG I am laughing my a$$ off at the box comment LOL
post #58 of 150
If you had copied and pasted a photo of her cupcakes from her website to your own, yes, she would have cause to complain and possibly take legal action. But on this cake design? NO WAY! People have been making cheeseburger cakes for years and years, and probably on cupcakes before she thought of it herself. I would not be concerned and I certainly would not remove your cupcake photo from your website.

How many people make Whimsy cakes? Do you think Polly Schoonmaker has taken legal action against every person who has a photo of a whimsy cake on their website? I don't think so.
SHIRLEY
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SHIRLEY
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post #59 of 150
Thanks momof5kiki!!
"There is nothing I enjoy better than a nice big piece of cake and tall cold glass of Diet Coke!"
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"There is nothing I enjoy better than a nice big piece of cake and tall cold glass of Diet Coke!"
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post #60 of 150
Just had to chime in here and put in my HUHHHHHHHHHHHH????!?!!!! icon_eek.gificon_surprised.gif I think that lady is out of her gourd, and that you have nothing to worry about. I can't wait to hear what she has to say if she ever writes you back, but I'd be willing to bet a giant cheeseburger cupcake icon_lol.gif that you'll never hear from her again.

Sharon, I LOVE your cupcakes!! So adorable! thumbs_up.gif See how great Cake Central is? We've all got your back! icon_biggrin.gif

I've been ROFL while reading everyone's responses in this thread! Melvira, you crack me up!!!! icon_lol.gificon_lol.gificon_lol.gif
Whatever you want to do, do it now. There are only so many tomorrows. ~ Michael Landon
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Whatever you want to do, do it now. There are only so many tomorrows. ~ Michael Landon
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