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Louis Vuitton are not happy about bag cakes! - Page 7

post #91 of 127
eh, we disagree - we'll leave it at that.
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post #92 of 127
CC Munchkin--for sure, for sure--it's all good--giant hug--I love a great debate--here's my dealio that got postted the same time as your last post--who's got the copyright on purses with initials all over them???

signed,
the little green leprechaun

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post #93 of 127
That's a very good question. I'll have to check that out.
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post #94 of 127
Quote:
Originally Posted by ccr03

That's a very good question. I'll have to check that out.




'K. icon_biggrin.gif I'll meet yah back here tomorrow.

In the meantime, 'twas heard over the phone...
"Yellow Ribbon Company?
Yes I'd like to order me several spools please, do you deliver?"

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post #95 of 127
Hubby was telling me that when the Disney Movie "Herbie the Love Bug" was made, Volkswagon made Disney take all of the VW logos off of the car. They couldn't stop Disney from using the car (i.e. making a purse cake), but they could stop them from using the VW logos (i.e. the LV letters). They had no idea how the movie was going to turn out.

'Course the story continues with what a big hit it was and the subsequent movies had the VW logo all over the dang place! icon_lol.gif
post #96 of 127
Quote:
Originally Posted by k8memphis

Quote:
Originally Posted by cakedoll

Last year Neiman Marcus was offering several trademarked handbag cakes in their gift section; a Gucci, Prada, LV, Chanel, and a Chloe. Just out of curiosity I checked them out, and now they only have 2 "designer satchels"; a zebra striped and a brown 'sassy' satchel. Nothing with a trademark.



Don't you think that's just the economy right now?



It's possible...hard to say. Most of their cakes and confections run from $50 to $200.00. The two purse cakes they carry now are $235.00 and $285.00, which is about what the trademarked ones ran. If I remember right, the only one that ran over $300.00 was the Chloe Paddington.
post #97 of 127
Quote:
Originally Posted by cakedoll

Quote:
Originally Posted by k8memphis

Quote:
Originally Posted by cakedoll

Last year Neiman Marcus was offering several trademarked handbag cakes in their gift section; a Gucci, Prada, LV, Chanel, and a Chloe. Just out of curiosity I checked them out, and now they only have 2 "designer satchels"; a zebra striped and a brown 'sassy' satchel. Nothing with a trademark.



Don't you think that's just the economy right now?



It's possible...hard to say. Most of their cakes and confections run from $50 to $200.00. The two purse cakes they carry now are $235.00 and $285.00, which is about what the trademarked ones ran. If I remember right, the only one that ran over $300.00 was the Chloe Paddington.



I mean PollySchoonmaker used to sell her cakelettes through Neiman Marcus, wasn't it? I mean I can't even find where her website used to be--last time I looked you still had the intro page but nothing else--now it looks like the domain name itself is actually available--wonder what happened.

But all that to say--I don't think there's a huge market beyond our individual localities. I wouldn't buy a pricey cake from a department store--marketing from that standpoint would be pretty difficult.

But I've never even been to a NM so anyway...still I wonder about Polly.

edited to say: I mean I hope she's sunning on the Figis right now with people bringing her cold refreshing drinks. (But somehow I'm thinking maybe not...I don't know?)
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post #98 of 127
Quote:
Originally Posted by k8memphis



And if those other real purses are not legal, then Louie and Coach will need to prosecute each and every one of those as well in order to maintain that their image is indeed exclusively held and not public domain. A daunting task to say the least.

I'm doing derivative art. You then eat the art. I would not set up a company and mass produce FedEx style plane cakes or designer purse cakes. But there's a place in our culture for people like me to produce our art. No, not to steal but to imitate in a playful way -to parody.


Me making 'edible art' is ok to me. It is a parody of life. We don't eat our pianos, we don't practice scales on marzipan keyboards. That's what we love about doing cakes. We parody the lives of our clients in sugar, yes?




Just duplicating something in cake form does not make it a parody. To be a parody the cake version would need to show wicked humor, satire, ridicule, or burlesque imitation.

A parody would be a vacuum shaped Jeep sucking up tax payer dollars, or a FedEx plane trapped on the Lost island (so that is where my package went).

Just be careful; everyone thinks they are too small to be sued for copyright infringement but you are not. Years ago I designed a cross stitch pattern to playfully imitate a coworkers desk that was littered with Beanie Babies. I sold about 50 patterns (@ 2.50 each) before the Ty corporation got wind of it. Needless to say they were not pleased and in the end neither was my pocket book.

PS: I though I was safe because I didnt put the Ty logo heart tags on my cross stitched Beanie Babies. Silly me.
post #99 of 127
Beanie babies, Mickey Mouse, Garfield--those are no brainers.

No body has a copyright on purse cakes with my initials or my customers initials, there's no copyright to break.

All of the sutff I do is dirivative art, inspired by the client in one way or another.

Quote:
Quote:

"To be a parody the cake version would need to show wicked humor, satire, ridicule, or burlesque imitation."



Not at all. The music I referenced has a beautiful awe-inspiring spiritual parody of a beautiful commercial song. Does not have to be ribald to be a parody.

parody>>1 : a literary or musical work in which the style of an author or work is closely imitated for comic effect or in ridicule
2 : a feeble or ridiculous imitation

comic>>1 : of, relating to, or marked by comedy <a comic actor>
2 : causing laughter or amusement : funny <a comic monologue>
3 : of or relating to comic strips <the newspaper's comic section>
synonyms see laughable

An edible purse while common to us is laughable, it is amusement to many. People get a kick out of it. It's the opposite of serious. If Mom said to go get her purse and you brought her a cake she'd bonk you one.

Gucchi, Dooney & Bourke, Coach, Louie, just to name a few all have leather and canvas bags with their initials on them so there is no copyright on purses with your initials.

Watch what women carry. There are bajillions of purses that look like Coach and etc with random initials or deceptive designs.
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post #100 of 127
Quote:
Originally Posted by Lori17201

The point is that it is a cake. And if it replicates their design it can be copyright infringement.


Personally, Louie and Coach aren't worth the price anyway, but that's just my opinion. I rather spend the money on cake supplies!



My thoughts exactly!!
post #101 of 127
But I'm not selling patterns of how to make such cakes either--I'm selling edible derivative art. That only lasts forever on the hips as we love to say.

Warhol-esque cakes, the can of soup without Campbell or Lipton, the designer purse without the designer, or rather christen a new 'designer' (with the client's initials or mine).

They can't take soup cans and purses away from me!
Those are fair use, free domain.

And if you read what I wrote you would see that I do not think I am too small to be sued. I think I am doing nothing wrong.
I was addicted to the Hokey Pokey, but I turned myself around.

 

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post #102 of 127
Quote:
Originally Posted by k8memphis



Gucchi, Dooney & Bourke, Coach, Louie, just to name a few all have leather and canvas bags with their initials on them so there is no copyright on purses with your initials.

Watch what women carry. There are bajillions of purses that look like Coach and etc with random initials or deceptive designs.



It doesn't matter if yu change the letters, colors...it is the "likeness" of the copyright. Bottom line, it is illegal. You can think of it however you like, but be warned. I doubt your side will stand up in court.
post #103 of 127
Quote:
Originally Posted by paddlegirl14

Quote:
Originally Posted by k8memphis



Gucchi, Dooney & Bourke, Coach, Louie, just to name a few all have leather and canvas bags with their initials on them so there is no copyright on purses with your initials.

Watch what women carry. There are bajillions of purses that look like Coach and etc with random initials or deceptive designs.



It doesn't matter if yu change the letters, colors...it is the "likeness" of the copyright. Bottom line, it is illegal. You can think of it however you like, but be warned. I doubt your side will stand up in court.



If what you said is true then Gucci would have pummeled Louie and Coach into handbag hades by now because they all have very similar designs and so does every other off brand handbag maker.
I was addicted to the Hokey Pokey, but I turned myself around.

 

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I was addicted to the Hokey Pokey, but I turned myself around.

 

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post #104 of 127
It isn't the shape. A purse is a purse. The designs on the purse, or what ever the item is, is what the issue is. If the designs make anyone think of the big brand, it is their likeness.

I do know this for a fact. I deal with licenses for Fraternities and Sororities 24/7. We have the same issues. Nothing can be done unless we have paper work saying we can. It means any combination that makes one think of the particular group. My Dad also deals with this all of the time. He has multiple patents in his name. He has to pay a copyright lawyer big bucks to ensure that nothing he is doing has been done-in any form or fashion.
post #105 of 127
Wow!! Things that can get discussed on CC. I was reading forums on here tonight because it was a boring Friday night and look what I found. I have no input about legal vs illegal but was quite entertained reading this forum. Only thing needed was a glass of wine but I was too tired to go to the liquor store tonight. icon_sad.gif
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