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Louis Vuitton are not happy about bag cakes! - Page 3

post #31 of 127
2/26/09 at 2:35pm
Cake purses are NOT considered parodies.

Yes, parodies are legal. No, you do not need to get a person's permission to use.

The legality of parodies was established with the case of Falwell vs. Flynt. Larry Flynt printed an obscene cartoon of Jerry Falwell in Hustler. Phelps sued for libel and defamation. He lost. The judge ruled that given the Falwell of the cartoon, it was considered parody. No one was truly going to believe the Phelps cartoon because 1. it was a cartoon and 2. it was a cartoon in a nudity magazine.
( http://www.cnn.com/SHOWBIZ/9701/11/falwell.v.flynt/lkl.00.html )

The replication of a purse would not be considered a parody. It is not attempting to extract humor for the situation. On the contrary, they are deliberately made to look like a replica, thus bordering on copyright infringement.

See? I did pay attention in mass media law class! icon_smile.gificon_smile.gif
Cake decorating ROCKS!!
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Cake decorating ROCKS!!
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post #32 of 127
2/26/09 at 2:44pm
Quote:
Originally Posted by txcupcake

Quote:
Originally Posted by indydebi

Quote:
Originally Posted by txcupcake

Besides, it's rather hard to produce evidence when its in someone's tummy. icon_lol.gif



So as long as I smoke the reefer fast enough, it's ok? icon_biggrin.gif



No, you have to flush weed. Duh! icon_lol.gif



Smoke???


Quote:
Originally Posted by littlecake

Quote:
Originally Posted by k8memphis

Well you all will have to come bake me cake and bail me outa jail for my raucous living and dastardly deeds.

icon_biggrin.gif

(btw--cakes are not purses, pretty sure.)



I'll bring you a cake with a file baked in it..



File???

Dude, if you ain't baking it in the brownies fahghedahbodit!!! icon_lol.gificon_lol.gificon_lol.gif
 
 

 

 

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post #33 of 127
2/26/09 at 2:57pm
There is a huge difference between selling a purse that's supposed to look like an LV purse and selling a CAKE that's supposed to look like an LV purse. They are apples and oranges (which means, as I stated earlier, that no reasonable person would mistake a cake for a purse).

Disney, Warner Bros., etc. won't allow the manufacturing of specific decorations to be placed on cakes without their okay. Conveniently, they make cake decorations so there is technically no need for a bakery to make their own without infringing on copyrights. In other words, Disney-made decor and homemade Disney rip-off decor = apples and apples because a reasonable person could mistake an awesomely crafted gumpaste Snow White for a Disney-manufactured Snow White.

Now, a lot of bakers get around this copyright by interpreting Disney's copyrighted designs in a way that Disney can not manufacture. For example, Courtney at Cake Nouveau has a beautiful Snow White inspired cake on her website (I can't post a specific link, but it's on the second page of her gallery).

It's obviously Disney, but not in the same way a gumpaste statue of Snow White is Disney. Why? You can buy a statue of Snow White from Disney, but you can't buy the essence of Snow White. Apples and oranges.

Anyway, the point of this long-a$$ post is to say that unless you are comparing apples to apples there really isn't a point. I doubt that LV would have a very strong case based on the reasonable person paradigm.

Whew! Now where's my drink? icon_lol.gif
I has a sad. I can has cake?
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I has a sad. I can has cake?
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post #34 of 127
2/26/09 at 3:01pm
I went online and found a pic of the cake and it certainly was not what I expected. Most of the LV purse cakes here on CC can run circles around the one in question. Its not even standing up...its lying flat on the cake board. icon_confused.gif
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post #35 of 127
2/26/09 at 3:07pm
Quote:
Originally Posted by txcupcake

There is a huge difference between selling a purse that's supposed to look like an LV purse and selling a CAKE that's supposed to look like an LV purse. They are apples and oranges (which means, as I stated earlier, that no reasonable person would mistake a cake for a purse).

Disney, Warner Bros., etc. won't allow the manufacturing of specific decorations to be placed on cakes without their okay. Conveniently, they make cake decorations so there is technically no need for a bakery to make their own without infringing on copyrights. In other words, Disney-made decor and homemade Disney rip-off decor = apples and apples because a reasonable person could mistake an awesomely crafted gumpaste Snow White for a Disney-manufactured Snow White.

Now, a lot of bakers get around this copyright by interpreting Disney's copyrighted designs in a way that Disney can not manufacture. For example, Courtney at Cake Nouveau has a beautiful Snow White inspired cake on her website (I can't post a specific link, but it's on the second page of her gallery).

It's obviously Disney, but not in the same way a gumpaste statue of Snow White is Disney. Why? You can buy a statue of Snow White from Disney, but you can't buy the essence of Snow White. Apples and oranges.

Anyway, the point of this long-a$$ post is to say that unless you are comparing apples to apples there really isn't a point. I doubt that LV would have a very strong case based on the reasonable person paradigm.

Whew! Now where's my drink? icon_lol.gif




^^^ Yeah, what she said ^^^
 
 

 

 

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post #36 of 127
2/26/09 at 3:17pm
Quote:
Originally Posted by indydebi

I can do a naked Minnie Mouse humping Goofy and Disney certainly wouldn't want THAT kind of "free publicity" on their character / creation.



DEEEEEBI!!!!!!!!!!!!!!!!

I just cleaned my desk and computers off this morning and everything was nice and clean.

Now there is Dr. Pepper dripping from my nose, running down my screen and all over the keyboard.

And not to mention, I WAS wearing my favorite around the house top and had to change.

icon_lol.gif
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post #37 of 127
2/26/09 at 3:18pm
Yes, me agree, too! icon_biggrin.gif
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post #38 of 127
2/26/09 at 3:19pm
Quote:
Originally Posted by txcupcake

Disney's copyrighted designs in a way that Disney can not manufacture. For example, Courtney at Cake Nouveau has a beautiful Snow White inspired cake on her website (I can't post a specific link, but it's on the second page of her gallery).

It's obviously Disney, but not in the same way a gumpaste statue of Snow White is Disney. Why? You can buy a statue of Snow White from Disney, but you can't buy the essence of Snow White.



Awww, comeon... Disney CAN manufacture ANYTHING. My Hubby wants Snow White with big exposed tattas. If the essense is Disney, it IS Disney. Exactly like Indydebi said--- Mickey humping Goofy. Disney does it to protect their image/ character. They DON"T want an "altered" image of theirs out there. Do you want your 5 year old to ask, "When did Snow White get those boobies?" icon_biggrin.gif

So while you cannot make Snow White, and you cannot make a version of Snow White... you are free to make a forest maiden, munckin girlfriend, or forest princess---- just NOT Snow White. If , as stated above, "it is obviously Disney..."--- THAT IS TEXTBOOK COPYRIGHT INFRINGEMENT.
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post #39 of 127
2/26/09 at 3:22pm
Quote:
Originally Posted by Kitagrl

I went online and found a pic of the cake and it certainly was not what I expected. Most of the LV purse cakes here on CC can run circles around the one in question. Its not even standing up...its lying flat on the cake board. icon_confused.gif



I'm surprised Disney hasn't gone after them too. Did anyone else look at their gallery? They have all kinds of copyright infringement going on.

http://www.designer-cakes.com/tiger-3d.php - 3d tiger? Really? Cuz most tigers look EXACTLY like Tigger, with the long face and all.
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post #40 of 127
2/26/09 at 3:36pm
Quote:
Originally Posted by johnson6ofus

Quote:
Originally Posted by txcupcake

Disney's copyrighted designs in a way that Disney can not manufacture. For example, Courtney at Cake Nouveau has a beautiful Snow White inspired cake on her website (I can't post a specific link, but it's on the second page of her gallery).

It's obviously Disney, but not in the same way a gumpaste statue of Snow White is Disney. Why? You can buy a statue of Snow White from Disney, but you can't buy the essence of Snow White.



Awww, comeon... Disney CAN manufacture ANYTHING. My Hubby wants Snow White with big exposed tattas. If the essense is Disney, it IS Disney. Exactly like Indydebi said--- Mickey humping Goofy. Disney does it to protect their image/ character. They DON"T want an "altered" image of theirs out there. Do you want your 5 year old to ask, "When did Snow White get those boobies?" icon_biggrin.gif

So while you cannot make Snow White, and you cannot make a version of Snow White... you are free to make a forest maiden, munckin girlfriend, or forest princess---- just NOT Snow White. If , as stated above, "it is obviously Disney..."--- THAT IS TEXTBOOK COPYRIGHT INFRINGEMENT.



Hold it Hold it Hold it Disney does not 'own' Snow White. The Grimm Brothers wrote the story. Disney owns their own picture of Snow White I guess, but no not the story. I can do my interpretation of the Seven Dwarfs and Snow White if I want.

They do own all the Mickey Mouse stuff 'cause they created all of that--but the Brother's Grimm wrote SW.

And that means Louie and Mr. Coach did not create the purse. kwim. They created those logos though and those should be protected <sigh>
 
 

 

 

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post #41 of 127
2/26/09 at 3:37pm
has anyone looked at the bakerycrafts book?

knockoffs a plenty!

the "princess and the 7 dwarfs" comes to mind...looks just like snow white, among others i can't think of right now...(i'm at home and my book is at the shop)

how do they get by with it? why isn't disney suing them?
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post #42 of 127
2/26/09 at 3:37pm
Quote:
Originally Posted by txcupcake

The law is based on what a reasonable person would do/assume/know. A reasonable person would never assume that a cake is a purse and vice versa.

Besides, it's rather hard to produce evidence when its in someone's tummy. icon_lol.gif



Well, I hate to toot my own horn (toot! toot!) but when I did a purse cake a few years ago for an 18th birthday, the birthday girl tried to pick it up, she thought it was real. Her panicked mother stopped her just in time. icon_lol.gif
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post #43 of 127
2/26/09 at 3:38pm
Why can't I find this infamous LV purse on their website? Their silver clutch purse looks like a cake I've seen here.
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post #44 of 127
2/26/09 at 3:38pm
Quote:
Originally Posted by indydebi



I can do a naked Minnie Mouse humping Goofy and Disney certainly wouldn't want THAT kind of "free publicity" on their character / creation.




I came close to choking on a spice drop on that one. My age is really going to be showing here but I do remember blacklight posters from the late 60's depicting some Disney characters engaging in some pretty risque antics. icon_eek.gif
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post #45 of 127
2/26/09 at 3:40pm
Quote:
Originally Posted by k8memphis

Not in music. I have a band that I carry called Apologetix--that's all they do is parodies. They are totally awesome.



K8memphis - Awesome does not equal legal.

Also, this case is happening in Scotland right? Are there international copyright laws? Or are copyright laws taken care of at a more local level?

I don't know the answer to this. I'd be interested to find out if a Scottish court case held any merrit for bakeries in Australia, USA or any other country.
Deb G.
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