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wilton character pans

post #1 of 20
Thread Starter 
hey ya'll i heard years ago(b4 i started doing my own cakes) that it was illegal to sell a cake baked in the character pans due to copyright- trade marks ??? there is oe lady here that i know of that says she had to get special permission from wilton to sell cakes baked in these pans. is this true? i've seen the pony pan and harry potter pan just to name a few on many sites i'm so confused and not really looking to get i trouble. help plzzzzz
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post #2 of 20
I contacted Wilton about this a while back and the answer was no. The licensed character pans are for home/personal use only.
Birthdays are just nature's way of telling us to eat more cake.
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Birthdays are just nature's way of telling us to eat more cake.
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post #3 of 20
Thread Starter 
does that mea that i cant bake and sell sponge bob,harry potter, carebearsetc but i can bake a cake to look like a my little pony with their pony pan?so then the pan would have to not have the actual character on the insert. is this correct?
sorry my n works when it wants
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IF THE WORLD DIDN'T SUCK...WE'D ALL FALL OFF!!
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post #4 of 20
You can't sell any cake that you've made into the likeness of a licensed character. It wouldn't matter if you used a mold or just cut the shape out. You could make a pink pony but you couldn't make a MLP. You could make a wizard but not harry potter.
Birthdays are just nature's way of telling us to eat more cake.
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Birthdays are just nature's way of telling us to eat more cake.
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post #5 of 20
Thread Starter 
thank you so much... i'll just change something a little(different symbols/robe color.)
but i was looking at your cakes and i am sooooo impressed w/the spidey and princess dora cakes, they are incredible!!!!i put your instructions for the spidey in my favorites on my computer!! my son wants a harry potter like that...amazing cakes!
IF THE WORLD DIDN'T SUCK...WE'D ALL FALL OFF!!
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IF THE WORLD DIDN'T SUCK...WE'D ALL FALL OFF!!
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post #6 of 20
Thanks for the compliments!

When changing things, make sure the cake can't be identified as a MLP or HP in any way. You may want to leave the symbol off the tush. For Harry...go generic wizard instead or a stack of spell books. A wizard hat would be cute too.
Birthdays are just nature's way of telling us to eat more cake.
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Birthdays are just nature's way of telling us to eat more cake.
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post #7 of 20
OR...... as I read on a posting lastnight, sell your client a very expensive cake box and GIVE them the cake for free!

Debbi
Spanish sugar, French Pastry, Swiss chocolate, and American Apple Pie. How much sweeter can life get????
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Spanish sugar, French Pastry, Swiss chocolate, and American Apple Pie. How much sweeter can life get????
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post #8 of 20
THIS SOUNDS SCARY TO ME. SO YOU CAN MAKE ANY KIND OF CHARACTER CAKE , BUT NOT LABEL IT AS THE ORIGINAL? CAN YOU USE LIKE A GA. BULLLDOG EDIBLE IMAGE? OR WILL YOU GET IN TROUBLE FOR THAT? CAN YOU EXPLAIN WHAT KIND OF CAKES CAN YOU MAKE FROM HOME OR IF YOU OPEN A CAKE BUSINESS? SORRY TO ASK SO MANY QUESTIONS , BUT I AM A HOUSEWIFE AND I SURE DON'T WANT TO BE SUED. I KINDA WONDER IF THIS IS THE RIGHT BUSINESS I WANT. BUT I SURE DO LOVE CAKE DECORATING!
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post #9 of 20

Where I live we can sell cakes baked out of our kitchen.  You need a business license.  People use the Wilton Character Cake Pans and Disney as well.  We were told in a Wilton Class it was fine and given tips on finding retired pans.  I don't know.  Maybe different States or municipalities have different laws.  You cannot mass produce a cake using their pan or likeness of a character, but as long as you are just baking for kids parties and not setting up a bake shop you should be fine if your area has a law allowing it.

 

I am taking the class to make cakes for my family.  We did have people in the class who intended to start a business.

post #10 of 20

Before I accepted the word of a Wilton teacher I would check with either the company that has the copyright on the character pans, or Wilton to find out the actual policy on using their character pan for   a cake you were planning on selling.;   The chances of the company finding out may be small, but the fine for  selling one ,, I understand is not. I personally do not think it worth the chance of being caught and having to pay a large fine, I have heard $10,000  but not sure about that.

 

If you were to purchase material with The Disney Princesses on it, you can not make anything for sell with that material.  For your children or grandchildren you can make it but not to sell to the public. The public, is any one who is not a member of your family, I have been told.

post #11 of 20
Quote:
Originally Posted by sandinnalee View Post
 

Where I live we can sell cakes baked out of our kitchen.  You need a business license.  People use the Wilton Character Cake Pans and Disney as well.  We were told in a Wilton Class it was fine and given tips on finding retired pans.  I don't know.  Maybe different States or municipalities have different laws.  You cannot mass produce a cake using their pan or likeness of a character, but as long as you are just baking for kids parties and not setting up a bake shop you should be fine if your area has a law allowing it.

 

I am taking the class to make cakes for my family.  We did have people in the class who intended to start a business.

 

If people where you live are SELLING cakes made with the Wilton Character Pans, then they are violating the copyright laws.  Those laws do NOT vary.  The issue is NOT mass use.  The issue is being paid for the cake, or for the ingredients that go into the cake, etc.  Any form of payment for one of those cakes violates copyright laws. 

 

Your instructor needs to contact her BOSS--Wilton--and get a better understanding of what the rules are, since people are relying on her to be the expert here.

post #12 of 20
Those pans are targeted to people who want to make their kid a cute cake, with a piping bag and a star tip. Customers actually request those designs?
"I can do that, because this is my sandbox and I've got the bullsh*% shovel." ~Dianne Sylvan, Author and Lunatic
Birthday Cakes
(2 photos)
Birthday Cakes
(2 photos)
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"I can do that, because this is my sandbox and I've got the bullsh*% shovel." ~Dianne Sylvan, Author and Lunatic
Birthday Cakes
(2 photos)
Birthday Cakes
(2 photos)
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post #13 of 20
And no, there are no "local laws" that allow the sale of character cakes.
"I can do that, because this is my sandbox and I've got the bullsh*% shovel." ~Dianne Sylvan, Author and Lunatic
Birthday Cakes
(2 photos)
Birthday Cakes
(2 photos)
Reply
"I can do that, because this is my sandbox and I've got the bullsh*% shovel." ~Dianne Sylvan, Author and Lunatic
Birthday Cakes
(2 photos)
Birthday Cakes
(2 photos)
Reply
post #14 of 20
Oh good gravy...another ancient thread.
"I can do that, because this is my sandbox and I've got the bullsh*% shovel." ~Dianne Sylvan, Author and Lunatic
Birthday Cakes
(2 photos)
Birthday Cakes
(2 photos)
Reply
"I can do that, because this is my sandbox and I've got the bullsh*% shovel." ~Dianne Sylvan, Author and Lunatic
Birthday Cakes
(2 photos)
Birthday Cakes
(2 photos)
Reply
post #15 of 20
Well, i am new at this and i just make cakes for family, but what about cake toppers? If you use a Disney cake topper on a cake you are paid for how does that work?

Since people buy Wilton products to prepare these cakes And Wilton sells cake supplies not cakes i would think they would be glad. I went to a baby shower and the person bought a cake from someone and it was Cat In The Hat no mistaking that is copyrighted.
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