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Licensed Characters

post #1 of 26
Thread Starter 
A quick question about disney, little pet shop, etc...

I understand that I can not sell any cookies that have characters on them...tinkerbell, snow white... and such, but, Walmart has easter pails on sale 2 for $4 that are just pails with these characters on them but they do not look very easter-ish so they would be great for bouquets.

So here's my question, Is it legal to sell cookie bouquets using containers that have licensed characters?

Heather
post #2 of 26
From what I have read on here before (couldn't find it so it might have been deleted) you can not resell the licensed characters unless you have paid the dues. Now I could be totally wrong but I believe that is how it is.

Anyone else?????
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post #3 of 26
I think you are safe buying the pails and reselling them, only because the licensing was paid for by Walmart in order to sell them to begin with. I'm not sure though, but other people on CC have explained the licensing issues and you are safe if you buy a licensed figure and use it on your cake, I believe, but you cannot make your own cake in the likeness of a licensed character, etc. Hmm, sometimes I confuse myself.
No longer baking and caking. Medical transcriptionist and Thirty-One Gifts independent consultant.
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No longer baking and caking. Medical transcriptionist and Thirty-One Gifts independent consultant.
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post #4 of 26
i also believe you can sell the pails.... you cannot reproduce a lisenced character in any form. you can sell a mickey cake if you buy the plastic characters and put them on the cake
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post #5 of 26
Quote:
Originally Posted by kneadacookie

i also believe you can sell the pails.... you cannot reproduce a lisenced character in any form. you can sell a mickey cake if you buy the plastic characters and put them on the cake



You said it much better. icon_redface.gif LOL! Thanks!
No longer baking and caking. Medical transcriptionist and Thirty-One Gifts independent consultant.
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No longer baking and caking. Medical transcriptionist and Thirty-One Gifts independent consultant.
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post #6 of 26
Although I have not sold any of my baking goods yet as I'm just getting started I have done small craft shows with my tolepanting items. and have sold some things that have had characters on them. I really think they worry more about people who mass produce things with their characters on them then the little people. But that's just my opinion.
post #7 of 26
I'm going to be VERY, Very BLUNT
What part of NO do you not understand?

Now you will see someone here & there do things that are not legal - we all do now & then - sometimes w/o really thinking aobut it but in general you CANNOT SELL *anything that is licensed* w/o running the risk of being caught unless YOU HAVE WRITEN PERMISSION FROM THE LICENSED HOLDER (ie" Disney etc).
No they don't just let the little guy slide! They just have not gotton caught.
It is up to the licensed holder to police the mis-use of their item. Some - like Disney - have a full time staff working on it and they will get to you sooner or later. Do you really want to take the chance of a fine of thousands of $$?? There have been incidents of people coming to craft shows, buying *every* item in ? then being taken to court! Just because you got away with it this time does not mean you will next time icon_sad.gif
post #8 of 26
So, you can make them for personal use but not sell them? I an just trying to understand. I NEVER thought of this before. I usually just make cakes for my family/friends. Would it be OK to use a lisenced character for that? I "sold" my first cake just a few weeks ago. It had Curious George on it. I hate to break copy write laws and I hate to think I am/did do something wrong.
post #9 of 26
<...you can make them for personal use but not sell them?...>

BINGO!!!!!!
Exactly. As long as no money (in any way, shape, or form) changes hands.
If it is a gift from you to someone it is o.k.

No, they cannot give you the pan to use (or keep) because then it HAS been paid for.
No, you cannot do it on a 'donation' basis because then it HAS been paid for.
But a straightout gift is fine.
post #10 of 26
Thread Starter 
So it's still not clear...

I'm very aware that I can not make cookies in anyway that resemble a character...but if I buy a pail from Walmart that has tinkerbell on it can I sell a bouquet of cookies using that pail?

Thanks for everyone's help,

Heather
post #11 of 26
I refuse to do anything that has or resembles a licensed character (no one has even asked me for anything like that anyway) and I don't have to worry about it. No pails with Disney characters, no nothing. I don't want to even deal with it, then I know I'm safe.
No longer baking and caking. Medical transcriptionist and Thirty-One Gifts independent consultant.
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No longer baking and caking. Medical transcriptionist and Thirty-One Gifts independent consultant.
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post #12 of 26
then how can decopac sell lisenced characters by the gross. no one can use a gross of elmo's for personal use.
i wish i knew a copyright lawyer that could end all this
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post #13 of 26
Thread Starter 
Thank you!

Originally I thought if you went out and bought the figurines of characters you could add them into your product so I thought the same with the pails, vases, boxes etc.

But I think it makes sense....without sounding stupid could you just charge for the cookies and say it comes with a free ---(insert character) container...I only want to do things legally but my niece loves littlest pet shope things.
post #14 of 26
Okay, let me get this straight:

Let's say I make a "castle cake" and buy some Disney princess figurines to stick on it. This is okay, correct? I paid for the figurines that are used. I know this must be okay because every bakery I know of uses plastic toys rather than actually drawing the licensed characters on their cakes (which is, of course, illegal.)

What would be the difference in purchasing little plastic toys to stick on a cake and purchasing a pail or bucket to use on/in a cake? No difference that I can see.
post #15 of 26
you can do them for your neice for free
that's what i did with the mcdonald's cookies i did
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