I tried to search this. But mostly came up with copyright characters.

I mean like, if who ever started the topsy turvy cake and they put a copyright or patent on it, would we all have to pay fees every time we do that cake?

Something I was thinking about. Has anyone copyrighted or patented a design?

Well, Pollys Cakes (pollyscakes.com) claims a trademark on "Whimsy Cakes" and a the website states copywright on all her desings.

If you created a similar cake, not an exact copy, I don't know if it could be proved you violated the copywright protection. However, if the bride brought you a photo of another cake, to copy exactly, it could be a problem.

I think in other posts, if you use your artistic skill to create an original design, you have automatic protection. Proving a violation is another thing altogether.

You can patent a *method* for making a particular kind of cake, you can patent a new invention relating to making a cake, but you cannot patent a design. Patents cover inventions, new technical innovations, and processes. (plus, getting a patent costs tens of thousands of dollars and can take years of work.)

So if you come up with a new way to make topsy turvy cakes, you could patent the method for doing it the way you invented, but you can't have a patent on topsy turvy cakes.


You can't get a copyright for the general concept of topsy turvy cakes, either. Copyright protection is much more narrow. Copyright covers the expression, not the idea. So the exact version of a topsy turvy cake you create you have a copyright in. But only in that exact design. If someone copied your design, you'd have a copyright claim. You own a copyright in your creation from the moment of creation. You do not need to register your copyright. But you *can* register a copyright, and if you foresee having to defend your copyright against infringers, that can be very useful. But it is not a race to record statute. The first person to *create* the design is the copyright owner.


A trademark is something emblematic of a business. Your logo can be trademarked. Mickey Mouse is trademarked. The Nike swoosh. A particular sound can be trademarked. It's a lot easier to get a trademark than a patent, but you do have to register it to get trademark protection. There are a bunch of different requirements to get a trademark, such as the first use in interstate commerce, whether it's non-obvious, etc. . Not everything can be trademarked.

Polly's Cakes has a trademark on the name "whimsy cakes." NOT on the concept of topsy turvy/whimsical/mad hatter cakes. So if you call your cake a "whimsy cake" you're violating her trademark. But if you're making a topsy turvy cake, you're not.

Smooches,
Modthyrth, J.D.

Thanks for explaining in detail more Modthyth. That helped a lot.

great explanation Modthyrth