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Any way around this? - Page 3

post #31 of 91
Quote:
Originally Posted by onmymind View Post

Everyone is crazy on here about this copyright crap... why would viagra company be looking for people that do cakes with their name on it??? really... They don't have anything else to be concern with, like running a hugh company.  NO... that are after all the cake decorators that put a name of a pill on their cakes.  Good lord, what has this world come too.  I really can't believe this question is being asked!

You'd be surprised what big companies will do if they decide to. If it's trademarked or copyrighted, don't put it on anything you're selling and you won't have to find out.
post #32 of 91
Ask someone who's received a letter from their attorneys and been threatened with a $10,000 fine and jail time how serious they are about little old cake decorators using their name.

The copyright owners have to spend time making sure anyone who uses their brand names without permission is dealt with to cover themselves when a more sinister breach of the law is taking place. The laws aren't for some and not others.
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post #33 of 91
Its funny you mention Viagra. I work for a large technology company and two years ago, the IP lawyers in my group hosted a symposium with the IP lawyers at Pfizer, Burberry, a software company whose name escapes me and a representative from an Internet watchdog group. They spoke about the the infringements they are concerned about.

For Pfizer, they have huge issues preventing counterfeiters, ESP., in other countries, from making sugar pills that copy the look of their pills and selling them on the Internet. More and more sites keep on springing up and it's getting harder to police. Some legitimate pharmacists and hospitals have been duped. People are dying as a result.

For Burberry, they spoke about that, even 10 years ago, if you went into NYC Chinatown, you could buy a fake Burberry or Gucci bag for $30. And it looked fake. They did not police this aggressively because everyone knew it was a fake and the person buying it would not likely spend $500+ on a bag, so it was not like they were losing customers. Now, almost weekly a new site springs up that looks like its affiliated with a luxury brand and it sells fake bags that look like the real thing. The buyer probably pays $200-500 for the bag, thinking its real but at a discount. They lose out and Burberry does too because they buyer might have bought a real bag from them.

The software company talked about thieves stealing code, so unlike with Burberry and Pfizer, the fake can be as good as the original.

The Internet watch group member spoke about how these counterfeiters profits went to fund terrorist activities, human trafficking etc.

I was nearly tempted to ask the Burberry atty how much time they spend policing cakers on the Internet, but did not want to get laughed out the room. I know for my company - the answer is zero as we are too busy dodging patent trolls looking for multi-million payouts as well as working with our business customers to come up with ways to stop counterfeit trafficking. .

Incidentally, my company has a highly recognizable brand and this Tuesday I made a shower cake for a colleague using the brand likeness, and 30 attorneys in our law dept saw said cake and eat said cake and no one asked me if I checked with our IP group for permission. BTW, our IP law dept has won multiple legal accolades and awards, and is on the top of their game, and loved the cake.

Take this story as you will.
Edited by VanillaSky - 10/4/13 at 4:41am
post #34 of 91
Please someone post a copy of said $10,000 letter telling them to stop using a word, namebrand, etc. on cake. I'm sorry but I don't believe it. Unless you are a famous cake decorator on tv or something how do they fine out?? It's different if you are counterfiting a item or making fack pills with that name on them and selling them as meds!! a CAKE with the name on it... really. Some people on this site really take themselves too seriously!! If you are making molds or cake pans or something else in a copyrighted image and making money, than yes... you could get in trouble. But a cake that is going to be eaten and gone FOREVER in your belly, no way! I don't believe you can get in trouble for that! Period, so some PLEASE post a "letter" showing that one of your cakes got in trouble with a big company!
post #35 of 91
Quote:
Originally Posted by onmymind View Post

Please someone post a copy of said $10,000 letter telling them to stop using a word, namebrand, etc. on cake. I'm sorry but I don't believe it. Unless you are a famous cake decorator on tv or something how do they fine out?? It's different if you are counterfiting a item or making fack pills with that name on them and selling them as meds!! a CAKE with the name on it... really. Some people on this site really take themselves too seriously!! If you are making molds or cake pans or something else in a copyrighted image and making money, than yes... you could get in trouble. But a cake that is going to be eaten and gone FOREVER in your belly, no way! I don't believe you can get in trouble for that! Period, so some PLEASE post a "letter" showing that one of your cakes got in trouble with a big company!

Well gosh, it must not be true then, lol.

 

 

 

 

post #36 of 91
Quote:
Originally Posted by onmymind View Post

Unless you are a famous cake decorator on tv or something how do they fine out?

That's a good point. It's not like we have a global interconnected network with different sites where people can post pictures of cakes and a variety of services that will allow you to quickly and easily search images of cakes that have been tagged with descriptions of copyright-protected characters.
post #37 of 91
Quote:
Originally Posted by jason_kraft View Post


That's a good point. It's not like we have a global interconnected network with different sites where people can post pictures of cakes and a variety of services that will allow you to quickly and easily search images of cakes that have been tagged with descriptions of copyright-protected characters.

 

Yes, good thing this doesn't exist.

 

Liz

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post #38 of 91
Here's the thing - if you know it's illegal but don't think you'll get caught then that's your decision. You're the one who wins or loses this gamble, nobody else. There's certainly plenty of clients out there who don't care that it's illegal and still want their cake, so it's not like you won't be short of orders. You might lose some respect amongst your fellow bakers and you'll probably always have that little niggling worry about if you ever will really get into trouble, but if that doesn't bother you then go ahead. It's no skin off the rest of our noses.
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post #39 of 91
Kikiandkyle,

I agree with your post. You do need the permission of the copyright or trademark owner to use their image, and sell a cake with that image. I respect any baker who refrains from selling such cakes because they they it's the wrong thing to do ON PRINCIPLE. I just object to the posters who try to dissuade people from selling character cakes without permission by using overblown threats of jail time and exorbitant fines. I am not saying anyone has done that in this thread but it happens from time to time.
post #40 of 91
I'm not sure why it's objectionable to bring up the consequences of copyright infringement, especially given the general knowledge gaps on this topic.

I agree that it is overblown to say that you will go to jail if you infringe copyright (which is why no one has said that) but legal action (including fines) against infringers is a reality, although the chances of getting caught are still relatively low.
post #41 of 91
Quote:
Ask someone who's received a letter from their attorneys and been threatened with a $10,000 fine and jail time how serious they are about little old cake decorators using their name.

Quote:
I agree that it is overblown to say that you will go to jail if you infringe copyright (which is why no one has said that) but legal action (including fines) against infringers is a reality, although the chances of getting caught are still relatively low.


Jason, someone has said that and that is what I was responding too.
post #42 of 91
Oops, I must have missed that...while jail time is possible for criminal infringement (infringing for commercial gain can be prosecuted as such) it is such a remote possibility it's not even worth considering unless you have a massive operation. The threat of jail time is likely used to persuade the defendant towards a settlement that saves both sides the cost of legal fees.
post #43 of 91
I can't remember the names of any of the posters but there are members here who have either received these letters or who know someone who did. I think it's always better to warn people of the worst that can happen, lest they think a slap on the hand somehow diminishes the illegality of their actions.
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post #44 of 91
Quote:
Originally Posted by jason_kraft View Post


That's a good point. It's not like we have a global interconnected network with different sites where people can post pictures of cakes and a variety of services that will allow you to quickly and easily search images of cakes that have been tagged with descriptions of copyright-protected characters.

 

Jason, you made me giggle with that.  Thanks!

 

And come on- these are huge corporations with multi-million dollar brands to protect.  Certainly they would have the funds to pay someone to research copyright infringements.  This isn't really difficult to comprehend.

post #45 of 91
Let's just say I have no intention of being the person who finds out how likely it is that you'll get caught or go to jail but if anyone else wants to step up and test it out then go for it!
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