So I go to Walmart and buy some figurines from Sesame street or Cars Hotwheels and use them to decorate a cake to sell.... Legal or illegal?

As long as you use the toy as a decoration, there shouldn't be a legal issue. It is when you try to duplicate/replicate the image.

I was under the impression that you can't as the decorator buy the item, and then sell it on a cake (therefore re-selling it).

You can however, have the person ordering the cake buy it and give it to you to put on the cake.

Anyone know if I'm right in this understanding?

That does kind of make sense. What a pain. I was just thinking that the CARS on the roads are such cute cakes it would make a good option to offer a customer who wanted a CARS cake.

i do it all the time.

i figure after you buy it it's yours, right?

the company already got thier money.

As long as someone purchased the toy, I don't think there is problem. The companies don't like others trying to copy or replicate their characters

i believe it doesn't matter who buys the figurines they can be used.

just no duplication of licensed characters to sell

Cake pans are for home use only. Littlecake means the cake toppers that she can buy from certain companies that are licienced to sell them.

I believe that it's all about their royalties. As long as they get their money from each and every sale, they are happy and it's legal.
eg. If you buy the toys for every single cars cake you make, then they aren't losing any money as they would if you did a cars fbct instead. That's why licensed images are the way a lot of people go (the reason they are expensive is because there is a royalty amount of money in there for the company like disney.) So I don't think it matters whether you or they buy the toys.

In order to sell a licensed character (doesn't matter what form-drawn, figure, fbct, etc) you must have a license agreement with the owners of that character. The grocery store bakeries pay a fee to be able to use the figures/likeness on their cakes as well as the price they pay just to purchase the figure. Just because you buy the character figure at the store you don't have a licensing agreement with the owner of that character to sell their image/character.

ps. jmt1714....

that basketball cake you made really rox!

I am suprised that a store would pay a fee. The've already bought the pans.

It doesn't make much sense to by a pan and only be able to use it maybe once for your family.

It's all comfusing

Thanks for the info, you all. I had always wondered the same thing. I figured just as someone else did- after I pay for it , it's mine and I can put it where I please so long as I've paid them thier part for their liscensing

thanks littlecakes. and I agree with you - I think the pans are odd. . . lol.

I love the pans because kids like them sooo much! The look on my son's face when I brought out his McQueen cake was priceless!! I would show you but I would have to black out his face!!


SOOOO- No on figures from the toy department because they are not royaltied (sp.) But okay if mom buys the toys and places them on the little red x's I draw on the cake!!~ie. place mcQueen matchbox here?

Ok! I see what you guys are saying about the decopac. I didn't think about those! Those are specifically designed to be used on an item that they know will be re-sold but I still think they would take issue with the toys or other likenesses. Like the character pans (which I hate too!), it says on the packaging that it is for personal use only.

When I've been cruising cake business website I see alot that they indicate they will decorate the cake in the complimentary colors of a character and the customer can provide the figures. Maybe they are just being more conservative and I usually fall on being too conservative with stuff like that!

Yea, I fogot that is written on the pan

i think the character cake pans and sculpted cakes are a diffrent story on there own because they dont get money from those at all.....or you buy the pan once and thats it...........I think buying a toy is okay because usually they arent reused.....the birthday child gets to keep them for a them......i agree as well i hate the charachter pans......sculpted cakes hmmmm i love to do them but i think those are illeagal without consent because they dont get anything.....but i think the initial poster was asking about the toys more than anything......am i wrong????

No you are right lasting moments. I know the character pans are illegal to sell. but it seems like every little kid wants a disney whatever cake and I was wondering how to do that. Okay-- So can I make a doll cake that looks like Cinderella if I buy a Cinderella Barbie to use in as the torso/head?

you know what's odd?

a couple of the bakeries i worked at...albertsons for 1....a big chainstore...

they had us making cookie monster and elmo look alikes.

they just called them something else, like cookie monster was called "cookie eater".

the cakes were even in the stores "cake book"...so it wasn't just a rogue bakery manager.

Clever

I could see them coming down on a big bakery selling the items. But, someone selling one every six months or so I can't see. It wouldn't be worth their time.

Disney makes it worth their time. There are several companies/owners that fiercely protect their brands and image: Disney, Sesame Street, Curious George, Peanuts are just some that I have read stories about. Disney is a big one to send the good ol' cease and desist letters.

K so I used to work in Publix and as I was taught the decopac kits you can use them as long as put them on the cake they put them on same design, colors etc. If someone didn't like the design we could make a different cake but they had to buy the kit seperate and put it together at home. The same went if they wanted to put a licensed toy on the cake they had bought at like the toy store. It is illegal to copy, replicate or reproduce in any way a licensed character or copyrighted anything for sale. But I imagine there is a process by which you can get a cake approved for sale. Same goes for pictures taken by professional photographers you can't scan them on to edible images to place on cakes unless you have the photographers permission.