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Infringement? Need advice please...... - Page 2

post #16 of 18
There is one smilie face that is copyrighted. I think it's the one with the oval eyes.
Not all are.
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post #17 of 18
What about getting a cake topper from a party supply site? For example, Ty's Toy Box sells cake toppers for many different children's characters. If you offer to buy them on their behalf, the down side is that (a) you have to wait for it to arrive (you may have time constraints), and (b) if the client cancels, you're stuck with a cake topper you might not be able to use (wasting your money). I would have them purchase it, and deliver it to you before you need it.


cindy58 - It has to be Elmo - there is no obvious alteration to say it's not. The person who owns that company may have gotten a trademark use licence already. Hard to say. But if not, they could be in big trouble!

HTH.
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Always be sincere ... whether you mean it or not!

Everything slows down with age ... except the time it takes for cake to reach your hips!!
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post #18 of 18
No, you can't do licensed characters for money unless you would have got an agreement from the copyright owner.

Missouri is another state that you can get licensed in your home, but it has to be a separate kitchen unless you are set up as a Bed and Breakfast from the beginning and you live in the same house.

I would not take any donations either. The person who suggested that you could have them buy your ingredients and you make the cake free would be the only way. I have tried to set up a home cake decorating business and advertise in different places, but so far have not had any cakes go through. If I do, I have a friend who has a licensed Kitchen about 2 blocks from me and she said that I could use her kitchen so I would be legal. Technically as far as I know the only thing I have to do is mix up the cake and anything that goes on it and I could do the decorating at home.

I have a question that is unrelated but someone brought it up in her answer so I am hoping that she might know the answer to this. She said that you can not sew a licensed material into a garment or anything else for money. If they brought you the material, pattern and everything to make it wouldn't you just be charging them for labor? There wouldn't be a problem with that would there? Hope we have answered the original question ok?
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