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Warning about licensed characters and copyrighted material - Page 2  

post #16 of 180
7/26/10 at 3:19pm
Quote:
Originally Posted by cakeprof

Quote:
Originally Posted by cattycornercakes

Cakeprof...any idea how this affects making the designer purce cakes?



The logo for sure is protected as well as specific trademark. However the purse should be fine without any of the trademarks. Think about designer knockoffs. They are legal often copying form, fabric type and basic design.

So long as they do not included the trademarks the knockoffs are legal. Clothing designs cannot be copyrighted---which is why the can be imitated. So long as they do not include trademarks--the knock off cake should be fine.



sorry, please translate...so they can incude the "C" for Coach, for ex., but can not have the TM symbol? maybe I'm missing what the def. of a trademark is...
post #17 of 180
7/26/10 at 3:32pm
just curious- i can purchase any disney/sports team etc cake toppers from my local grocery store. when i use them on my cake does that make the cake illegal?
i dont sell my cakes but from what im reading it doesnt matter if you are selling your cakes or not?
and what about purchasing cake decorations on line? how does that play into all of this?
Wilton Method Instructor. If you're lucky enough to be on a beach...you're lucky enough.
DANCE as though no one is watching you, LOVE as though you have never been hurt before, SING as though no one can hear you, LIVE as though heaven is on earth...souza
Wilton Method Instructor. If you're lucky enough to be on a beach...you're lucky enough.
DANCE as though no one is watching you, LOVE as though you have never been hurt before, SING as though no one can hear you, LIVE as though heaven is on earth...souza
post #18 of 180
7/26/10 at 3:53pm
Quote:
Originally Posted by tavyheather

Quote:
Originally Posted by cakeprof

Quote:
Originally Posted by cattycornercakes

Cakeprof...any idea how this affects making the designer purce cakes?



The logo for sure is protected as well as specific trademark. However the purse should be fine without any of the trademarks. Think about designer knockoffs. They are legal often copying form, fabric type and basic design.

So long as they do not included the trademarks the knockoffs are legal. Clothing designs cannot be copyrighted---which is why the can be imitated. So long as they do not include trademarks--the knock off cake should be fine.



sorry, please translate...so they can incude the "C" for Coach, for ex., but can not have the TM symbol? maybe I'm missing what the def. of a trademark is...




A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods.

Not familiar with coach bags so not sure about the Coach "C." If the "C" is used by Coach to identify and distinguish its goods, then it could not be included on a cake--legally. Legal knock offs look like the original however they do not bear the "marks" of the original.
post #19 of 180
7/26/10 at 4:34pm
Quote:
Originally Posted by aundrea

just curious- i can purchase any disney/sports team etc cake toppers from my local grocery store. when i use them on my cake does that make the cake illegal?
i dont sell my cakes but from what im reading it doesnt matter if you are selling your cakes or not?
and what about purchasing cake decorations on line? how does that play into all of this?



see this thread for a long discussion of use of purchased items.

in this case -- NO. it would count as resale

http://www.cakecentral.com/cake-decorating-ftopict-688550-.html
Keep on cakin'!
Keep on cakin'!
post #20 of 180
7/26/10 at 4:37pm
Good grief. So now it's risky to post a photo of the licensed character cake I made for my child's birthday?
~ Amy ~
~ Amy ~
post #21 of 180
7/26/10 at 4:41pm
Quote:
Originally Posted by cakeprof

Quote:
Originally Posted by tavyheather

Quote:
Originally Posted by cakeprof

Quote:
Originally Posted by cattycornercakes

Cakeprof...any idea how this affects making the designer purce cakes?



The logo for sure is protected as well as specific trademark. However the purse should be fine without any of the trademarks. Think about designer knockoffs. They are legal often copying form, fabric type and basic design.

So long as they do not included the trademarks the knockoffs are legal. Clothing designs cannot be copyrighted---which is why the can be imitated. So long as they do not include trademarks--the knock off cake should be fine.



sorry, please translate...so they can incude the "C" for Coach, for ex., but can not have the TM symbol? maybe I'm missing what the def. of a trademark is...




A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods.

Not familiar with coach bags so not sure about the Coach "C." If the "C" is used by Coach to identify and distinguish its goods, then it could not be included on a cake--legally. Legal knock offs look like the original however they do not bear the "marks" of the original.



The Coach "C" has certain placement on the purse to make it a Coach purse. The knock off purses usually use the "C" but in a different placement. I'm pretty sure the knock off purses with the C on them regardless of how the C is placed on the purse is illegal...so I would assume the same is true for a purse cake.
post #22 of 180
7/26/10 at 4:55pm
Quote:
Originally Posted by Writecakes

Good grief. So now it's risky to post a photo of the licensed character cake I made for my child's birthday?



you would need to clearly label that you did it for your OWN kid for your OWN PRIVATE party

they're after anything that hints at $$$ being involved in the least way.

BEST would be do a background cake, purchase toys and stick them on.
Keep on cakin'!
Keep on cakin'!
post #23 of 180
7/26/10 at 4:58pm
LOL!!!! UGH! I just did a Toy Story cake with GINORMOUS character faces on it (no pretending it wasn't the characters on that one!) for my youngest son's 3rd birthday ... Let me shout to the four winds that it was FOR MY SON! icon_smile.gif And I've got the pictures of my sugared-up progeny to prove it icon_smile.gif.
Mommy to Eric Anthony, Anya and William.
Mommy to Eric Anthony, Anya and William.
post #24 of 180
7/26/10 at 5:11pm
Quote:
Originally Posted by Doug

Quote:
Originally Posted by Writecakes

Good grief. So now it's risky to post a photo of the licensed character cake I made for my child's birthday?



you would need to clearly label that you did it for your OWN kid for your OWN PRIVATE party

they're after anything that hints at $$$ being involved in the least way.

BEST would be do a background cake, purchase toys and stick them on.



I don't do any cakes for money. If the assumption could be that licensed cakes, even just done for one's child, could be a copyright issue, then my mother in law is in huge trouble for all the Halloween costumes she has done for my kids so I didn't have to buy those stiff costumes with jagged-edge masks that fall apart after an hour. icon_rolleyes.gif
~ Amy ~
~ Amy ~
post #25 of 180
7/26/10 at 5:15pm
Quote:
Originally Posted by Writecakes

Good grief. So now it's risky to post a photo of the licensed character cake I made for my child's birthday?



Well its not particularly new--the difference it the net has made it easier for those paid to locate copyright infringements to find them as the people posting the images are providing the evidence of the infringement.

While a technical violation, it is unlikely to result in legal action. There is little to be gained by going after someone doing it for their child, as there is little commercial value in this instance.
post #26 of 180
7/26/10 at 5:18pm
What about cakes using the Tiffany blue or cakes made to look like a Tiffany jewelry box? Just curious. I'm sure there can't be a "copyright" on a color but the tiffany blue identifies with Tiffany jewelry.
post #27 of 180
7/26/10 at 5:22pm
The Disney issue really bothers me. As a writer, I deal with copyrights all the time. So many Disney "stories" are based on stories written by other authors, but rewritten and then given a new face, doll, playset, theme park, and more. I better quit there before the Disney mafia shows up at my door.
~ Amy ~
~ Amy ~
post #28 of 180
7/26/10 at 5:36pm
Quote:
Originally Posted by Writecakes

The Disney issue really bothers me. As a writer, I deal with copyrights all the time. So many Disney "stories" are based on stories written by other authors, but rewritten and then given a new face, doll, playset, theme park, and more. I better quit there before the Disney mafia shows up at my door.



yes, stories that are in the public domain and free for all to tell and retell, which is why anyone can write their version of Cinderella, Sleep Beauty, etc.

BUT the specific IMAGERY that Disney created in their retelling IS NOT in the public domain, IS copyrighted and therefore off limits.

Consider Winnie the Pooh. Disney bought the rights to the story, but could not get the rights to the original images and had to create a whole new visual interpretation. Even they can get hemmed in by copyright.
Keep on cakin'!
Keep on cakin'!
post #29 of 180
7/26/10 at 5:49pm
I'm sorry, but I think someone larger than us needs to review the whole "trademarking" policies! Does anyone know if these trademarks go for all countries? I live in Canada, and I have been reading everyone's comments. I'm sorry but these large companies are getting extremely petty! Do they seriously not make enough money with everything they do that they can waste money having people search for a mom who's 3 year old begged her for a lightening mcqueen cake, so she had a sister make it for her? Maybe some of these corporate "people" (and I use that term lightly) should explain that to the marketing group that the create the stuff for - you know, the children!!!

Do we not have enough more important things going on in this world for them to be so focused on this??? How do they sleep at night?

(sorry, had to get that off my chest, and I am a shift worker who didn't sleep much today!! apologies if this affended anyone)
post #30 of 180
7/26/10 at 6:02pm
Quote:
Originally Posted by lauriekailee

Do they seriously not make enough money with everything they do that they can waste money having people search for a mom who's 3 year old begged her for a lightening mcqueen cake, so she had a sister make it for her?

It has nothing to do with the money. It has everything to do with preserving the integrity of the creator's work. As I understand it, and I'm' open to correction if this is not right, copyright owners must make all efforts to pursue ALL violations or they lose the right to pursue ANY violations.

I always find it interesting that when it comes to a caker on here using a copyrighted figure on a cake, there are many views that it should be ok; it's no big deal; and how it's not really hurting anyone. But Katie Bar The Door if a caker's photo is used on another site, or if someone's design is used and no credit is given. icon_eek.gif

One only needs to read the multiple threads on the success of our own Cake Boss's success on the use of the trademarked name being used by a cable channel for one of their shows to see what I mean.

It's much more than "the money".
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