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Any way around this? - Page 4

post #46 of 91
This is free/internet legal advice, so take it for what its worth, which is nothing:

If any mom and pop bakery gets a cease and desist letter from a corporation, which rarely happens, but if it did, I would strongly advise them to stop selling that corporation's character cakes immediately. They should not have been doing it in the first place.

For most corporations, you stopping what you are doing and pulling the pics would be the end of story.

If after stopping, the corporation still threatens to go after them for $10K or jail time or their first born child, my first call would be to my local tv station. The reporters in CT and NY love this kind of story --The big bad corporation going after the little guy.

I am not advising anyone to sell character cakes without permission.
post #47 of 91
If someone abides by a C&D there would be no legal action, unless the IP owner retains incompetent legal advisors or doesn't listen to them.

Note that C&Ds are not required to initiate legal action, a company sending a C&D to an infringer is being nice (and trying to save legal costs).
post #48 of 91
Thanks, Jason.

I get that a cease and desist letter is not required to start legal action. I'm not sure how that changes my point that corporations haven't been going after cakers with any regularity or frequency, and if they did it's usually through a cease and desist letter getting them to stop. Anything above that (fines and legal action) would probably hurt the brand they are trying to protect.

I think I'm done here.
post #49 of 91
It depends on how they find the infringement. If they find out incidentally then they would probably just go with a C&D. However, if they contract with an IP protection firm that gets to keep a percentage of each settlement, you can bet that they will skip the C&D and go directly to a lawsuit with a settlement offer.

There might be some minor damage to the brand (unless the settlement includes a gag order), but considering a brand is nothing more than IP, failing to protect it would also cause damage through dilution. If a case like this was to go to trial and be publicized it would also spread the word about infringement and deter future violators.
post #50 of 91
ha, ha, ha... so funny!!! all these BIG corportations, trolling facebook twitter and EVEN CAKE CENTRAL looking for their trademark images, names on cake!!!!

OMG, if I put the president's face on a cake I may have homeland security on my door step.

But wait... were is the evidence that I did a cake with a copyright image on it??? you have a picture, really.... well prove I did that cake, oh well, my guest just ate the evidence!! People, people stop being soooo dramatic!! Like I said if you received on of these letter, please post it!

Call doing copyright images on cake free advertising. People put Mickey on a cake, the parents go out and buy disney cups, plastes, balloons to decrate for the party. They make money.

I think it has become a real "urban legend" myth to say if you put Disney on a cake they are going after you. I have NEVER heard of this happening. It does when someone makes disney MOLDS, etc and mass produces something with a trademark name image and make money selling it.

Really grow up everyone!!
post #51 of 91
Quote:
Originally Posted by onmymind View Post

ha, ha, ha... so funny!!! all these BIG corportations, trolling facebook twitter and EVEN CAKE CENTRAL looking for their trademark images, names on cake!!!!

Not really, it's a lot easier to just use something like Google Image Search.

Quote:
OMG, if I put the president's face on a cake I may have homeland security on my door step.

The president's face is not copyrighted, nor is copyright infringement a matter of national security.

Quote:
But wait... were is the evidence that I did a cake with a copyright image on it??? you have a picture, really.... well prove I did that cake

The picture is the evidence and is all that is necessary. Typically the picture is accompanied by a description indicating who made the cake or is on a business page that helpfully provides contact info. If you feel the IP owner cannot prove you made the cake, you are free to ignore a C&D and pay for your own legal defense.

Quote:
Call doing copyright images on cake free advertising. People put Mickey on a cake, the parents go out and buy disney cups, plastes, balloons to decrate for the party. They make money.

Anyone who creates original creative work has the right to allow copying of said work if they believe it is free advertising. You do not have the right to make this decision on behalf of other people who have created their own work.

Quote:
Really grow up everyone!!

Participating in a grown-up society means that you should respect the time and effort other people have invested in their work and abide by their wishes as to how that work can be used, just as you would want others to respect you and your work.
post #52 of 91
You'd think with all the bookmarking and saving, if someone here had posted they had received a cease and desist, it would have been reposted every time this topic comes up. I have read a few posts that "a friend's roommate's cousin's hairdresser's sister" had it happen, but no facts.
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post #53 of 91
Quote:
Originally Posted by BrandisBaked View Post

You'd think with all the bookmarking and saving, if someone here had posted they had received a cease and desist, it would have been reposted every time this topic comes up. I have read a few posts that "a friend's roommate's cousin's hairdresser's sister" had it happen, but no facts.

I found this one in about 30 seconds:
http://blog.al.com/tuscaloosa/2012/08/bakery_gets_ua_cease-and-desist.html
post #54 of 91
hey... jason_kraft... really, I'm sure Disney has a department that "google images" all day looking for people making cakes with Disney on it. "major eye roll!!" Plenty of non business people make a disney princess cake for their kid and I'm sure they are not going to get the "LETTER"! The time in enough trying to go through each pic and trying to decide which is a cake business and which one is just a mom making a cake would cost more money that it's worth. Yeah right, disney is going to sue a MOM over a birthday cake!! Because that wouldn't cause all kinds of BAD PRESS for family friendly Disney!!

Yes you can google image search, do it right now with "Mickey mouse cakes".... hundreds and hundreds of images come up... now you will have to click through each one and hope the right info is attached to it, a family friend at the party could that a pic and post it with wrong info of who the decorator is etc. etc. etc. etc!! sooooo a picture is NOT the only proof you need (I use to work in a lawyers's office, can't you tell). One little ole pic would not stand up in court... now do you see what the problem is your statement??? These coroporations would have to put so much time and money in going after cake decorators using likenesses etc. on cakes. These big corporations go after, like I said before, people who make mass products, like molds, permant cake toppers, etc and sell.

Thank you Brandis Baked... it is all a myth, I have NEVER seen one of these letters, only heard, on a site like this about a S&D letter, sent to a cake decorator. it's on the internet so it must be true!!

Remember Food Network has had many challenges that include disney characters... this only encourages cake decorators around the country to make disney themed cakes for God sake!!

put VIAGRA on your cake and make merry!!!
post #55 of 91
One of my previous jobs included collecting royalties from companies that licensed my client's copyrighted name and logo. When companies used that trademark outside of our license agreements there was no royalty to be collected, so I didn't get paid. It affects more than just big billion dollar companies.

Like I said if you don't believe it's a big deal then great for you. It's not my business to care (anymore). That doesn't mean other bakers shouldn't know what the potential consequences are so they can make their own minds up just like you did. 'Some lady on the internet said it was OK' isn't a valid legal defense. 'I heard that's just an urban myth' isn't either.
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post #56 of 91
"I found this one in about 30 seconds:"


They didn't sue her, couldn't sue about a letter A. she put A on her stuff to this day. This was because of a bakery in spiting distance from the school!! (if you looked into this further).

I said prove someone really got sued, you know that $10,000 dollar letter!!
post #57 of 91
Why? You're not going to change your mind so what does it matter?
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post #58 of 91
Quote:
Originally Posted by onmymind View Post

"I found this one in about 30 seconds:"


They didn't sue her, couldn't sue about a letter A. she put A on her stuff to this day. This was because of a bakery in spiting distance from the school!! (if you looked into this further).

I said prove someone really got sued, you know that $10,000 dollar letter!!

I posted that link in response to a request for an example C&D letter, not an example lawsuit. Any settlement from a lawsuit would likely be sealed so you wouldn't be able to read about it online.
post #59 of 91
Much ado about nothing. Make your cake and if the company contacts you apologize and don't do it again. Explain your amazement that you would be singled out given all that you found here...http://images.search.yahoo.com/search/images?_adv_prop=image&fr=ipad&va=viagra+cakes

If I am ever on life support, unplug me...

Then plug me back in.  See if that works!

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If I am ever on life support, unplug me...

Then plug me back in.  See if that works!

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post #60 of 91
Also, if you read into that UA case more you'd see that while the school was within its right to send the letter, they said they would not proceed with any further action after outcries from the local community, especially considering that some of the items in question had actually been ordered by the school themselves. UA decided to work out an agreement with the bakery which then allowed them to use the logo.
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