Copyrights on a cake design?

Business By CustomCakesBySharon Updated 15 Sep 2007 , 3:21pm by modthyrth

wolfley29 Posted 7 Jul 2007 , 5:33am
post #61 of 150

I was thinking of the 2006 Wilton Yearbook. On Pg 17 there is the grill cake. I know it is candy melts and not fondant on the hamburger, but the idea is the same.

SharonZ Posted 7 Jul 2007 , 10:26am
post #62 of 150

Here are some links that I found.
Sharon

http://asymptomatic.net/2007/01/28/24/cheeseburger-cake

http://www.coolest-birthday-cakes.com/birthday-cake-idea.html

http://www.coolest-birthday-cakes.com/hamburger-cake.html

http://www.recipezaar.com/218147

http://www.cakemixdoctor.com/testify/pagemaker.cgi?1158071177.txt

http://www.earlenescakes.com/burgernpizza.htm

http://www.thriftyfun.com/tf77382939.tip.html

http://www.easy-birthday-cakes.com/hamburger-cake.html

http://entertaining.about.com/od/cakebragbook/ss/uccakehamburger.htm?terms=decorating+birthday+cakes

http://familyfun.go.com/recipes/family/feature/famf0700cupcake/famf0700cupcake3.html

http://www.flickr.com/photos/51035580274@N01/53127137

Maria071 Posted 7 Jul 2007 , 2:03pm
post #63 of 150

My guess is that whoever the person is, she is reading this thread. I would love to know what she is thinking.

onebigdogmama Posted 7 Jul 2007 , 2:28pm
post #64 of 150

Quote from pic,"made these for my son's kindergarten class......yellow cupcakes cut in half for bun.....smooshed Death by Chocolate cake balls (before chocolate dip) for patties......MMF cheese & lettuce......BC ketchup & mustard.....TFL"

Did she use "smooshed Death by Chocolate cake balls (before chocolate dip) for patties", 'cause then, OMG, you are in bigger trouble. LOL
Just had to put my two cents in. LOL

Eggshells Posted 7 Jul 2007 , 3:08pm
post #65 of 150

tee hee, send me her link and I will send her the same email she sent you, and threaten her with a lawsuit for breaking copy write laws ..hehehehe

oh but first...let me post some cheeseburger cupcakes on my ole webpage.


Yuck, yuck , yuck....

as a matter of fact...we SHOULD all join in...and REALLY get her knickers twisted.

bwwaaaaaaaaaaaahahahahahahaha!

oh eggie, behave!!

jmt1714 Posted 7 Jul 2007 , 5:24pm
post #66 of 150

"A mere listing of ingredients is not protected under copyright law."

"Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work. "

any photos of her work have automatic copyrights, but the cake itself? no way.

momof5kiki Posted 7 Jul 2007 , 5:42pm
post #67 of 150

ok, can someone plesase fill me in on ho wto make the actual burger part, I really want to make some of these.....

bakenboi29 Posted 7 Jul 2007 , 5:57pm
post #68 of 150

That's crazy. There are a lot of cheeseburger cupcakes and hamburgers out there. I think this lady has nothing more to do with herself like someone said. icon_rolleyes.gif She is probably jealous because yours were probably better and just want to try and scare you. To be safe you may want to contact a lawyer but I don't believe she has any base argument abou that. Good luck. Keep up the good work. thumbs_up.gif

OhMyGoodies Posted 7 Jul 2007 , 6:33pm
post #69 of 150

I gotta say I'd like to see her website so I can view her photo compaired to the original POST creator's photo icon_wink.gif

Also momof5kiki, you just make the death by chocolate cake or any chocolate cake would work. Crumble it into a bowl, put in some kind of binder (flavoring syrup for coffee, liquid coffee creamer, butter cream icing, anything to hold it together) roll into a large meat ball type shape and then smash it into a hamburger patty shape icon_wink.gif

I also wanted to add that I went to Google and searched "cheeseburger cupcakes" and guess what the very first website on the list was??? It's was........ TADA! Sharon's! icon_wink.gif

all4cake Posted 7 Jul 2007 , 6:37pm
post #70 of 150

Out of curiousity, did she give you her website address?

Maybe you could share so we might all gain from the wealth of creativity that may be located there...

It's like...Don't open the RED DOOR...whatever you dooooooooo.

Dagummit!!! Now, I want to open the RED DOOR!

Jenna217 Posted 7 Jul 2007 , 6:54pm
post #71 of 150

My opinion is that she was browsing around, saw your cheeseburger design and got jealous because yours look much better and way cuter than hers will ever be!! icon_lol.gif So now she's playing the jealousy card because if anyone sees yours before hers, they will pass on her design and come to you instead! icon_lol.gificon_lol.gificon_twisted.gif

Seems to me that she just neds to take her ball and go play in her own yard. icon_biggrin.gif

Eggshells Posted 7 Jul 2007 , 8:05pm
post #72 of 150

Y'all stand back now, because I own the unique pattent on CHEESE!

so too bad for you all, Melvira, my Dark Queen...you will take the CAKE and I will take the CHEESE!

bwaaaaaaaaaaaaaahahaha..

together we can conquer the world, or...get REALLY constipated.

Bwaaaaaaaaaaaaaaaaaahahahaa!

oh yeah...and boo on that lady! She talking trough her OTHER mouth..the one she SITS ON!

grannys3angels Posted 7 Jul 2007 , 8:24pm
post #73 of 150

[quote=] This design which includes the fondant slice of cheese can be found nowhere else but with us.[/quote]

1. I am sure it can be found somewhere else by someone else, way before she ever did these cupcakes.

2. She saids her cheese is made from (Fondant), the cheese on your cakes are made from (MMF). So as I see it e-mail her back and tell her no I did copy yours, mine cakes have MMF cheese. Unless she has also the copyrights on all shape and forms of fondants (I don't think so).

3. If something like this could be copyrighted....then I guess, KFC could sue me for making fried chicken with my 11 herbs & spices, Burger King, for making my big cheese burgers, that my family calls whoopers, (and no I did not use the copyrighted fondant cheese icon_lol.gif ). Pizza Hut for making a deep dish pizza. Taco Bell for making my taco's, ect. ect..

4. If this was send as a joke to you, it wasn't a very funny one at all. If this person really thinks that she is the 1st. and only person who has ever done these cupcakes and can hold a copyright on them, she needs to do more researching.

5. I agree with Shirley's post 100%.

6. Just can't stop laughing icon_lol.gif about this part: [quote=] This design which includes the fondant slice of cheese can be found nowhere else but with us.[/quote], I also agree with other post.... she needs to Google.

God Bless,
Sharon

P.S. the word (cakes) x 4 = 0.40...Bal. due to Melvira icon_lol.gificon_lol.gif , I love your joke, very very funny!

kansaslaura Posted 7 Jul 2007 , 10:49pm
post #74 of 150
Quote:
Originally Posted by momof5kiki

ok, can someone plesase fill me in on ho wto make the actual burger part, I really want to make some of these.....




I've baked a round brownie for the burger and it works great!

lovely Posted 8 Jul 2007 , 12:50am
post #75 of 150

hope this works and hope it's not copyright and a little bit off topic
http://www.yummyarts.com/sneakpeek1/

momof5kiki Posted 8 Jul 2007 , 2:23am
post #76 of 150
Quote:
Originally Posted by lovely

hope this works and hope it's not copyright and a little bit off topic
http://www.yummyarts.com/sneakpeek1/


OMG that was an amzing video. what was he brushing on the fondant????????

lovely Posted 8 Jul 2007 , 9:49am
post #77 of 150
Quote:
Originally Posted by all4cake

Out of curiousity, did she give you her website address?

Maybe you could share so we might all gain from the wealth of creativity that may be located there...

It's like...Don't open the RED DOOR...whatever you dooooooooo.

Dagummit!!! Now, I want to open the RED DOOR!




Is that from the IT Crowd????

lovely Posted 8 Jul 2007 , 10:05am
post #78 of 150
Quote:
Originally Posted by momof5kiki

Quote:
Originally Posted by lovely

hope this works and hope it's not copyright and a little bit off topic
http://www.yummyarts.com/sneakpeek1/

OMG that was an amzing video. what was he brushing on the fondant????????




It looks like food colour but thought it was great looking

momof5kiki Posted 8 Jul 2007 , 3:06pm
post #79 of 150

Bump, do we have an update?

all4cake Posted 8 Jul 2007 , 3:48pm
post #80 of 150
Quote:
Originally Posted by lovely

Quote:
Originally Posted by all4cake

Out of curiousity, did she give you her website address?

Maybe you could share so we might all gain from the wealth of creativity that may be located there...

It's like...Don't open the RED DOOR...whatever you dooooooooo.

Dagummit!!! Now, I want to open the RED DOOR!



Is that from the IT Crowd????




LOL...what's the IT Crowd?

lovely Posted 8 Jul 2007 , 10:30pm
post #81 of 150
Quote:
Originally Posted by all4cake

Quote:
Originally Posted by lovely

Quote:
Originally Posted by all4cake

Out of curiousity, did she give you her website address?

Maybe you could share so we might all gain from the wealth of creativity that may be located there...

It's like...Don't open the RED DOOR...whatever you dooooooooo.

Dagummit!!! Now, I want to open the RED DOOR!



Is that from the IT Crowd????



LOL...what's the IT Crowd?




Hehe oh ok. It's from the same people that did the show The Office (with Steve Carrel in the Us)(Ricky Gervais in the Uk)
heres a youtube snippet
http://youtube.com/watch?v=u_u5uiw1IhI

and the Red Door episode link
http://www.filecloud.com/files/file.php?file_id=2902

wysmommy Posted 9 Jul 2007 , 1:07pm
post #82 of 150

That video was cool!

I just wanted to come forward and say that I own the copyright for a cake. It's round and covered with white fondant. I stack smaller cakes on top of larger ones and decorate the fondant with flowers, or piping, and mostly sell it to women with diamond rings on thier left hands. I've been looking through some of your pictures and I think you can all expect letters from my attorney

icon_biggrin.gif Heee heee

I think if that nut job contacts you again, you should pass her web site, or email address around and we'll flood her with pictures of hamburger cakes dating back to the stone age.

OR

Everyone on this site can make a hamburger cake, take pictures of it, and threaten to sue HER for patent (trademark, whatever) infrindgement. Can you imagine, she turns on her computer one day and there are 1000 people telling her she's the infrindger?!

I have actually put an email out to my friend who's husband is a patent attorney. I'm hoping they will have some info for us all! Just so we can fight back when the nuts of the world try to rain on our parades!

-michelle

CustomCakesBySharon Posted 9 Jul 2007 , 2:25pm
post #83 of 150

hello everyone - sorry, i didn't disappear....i just don't have internet at home and finally had a chance to log in at work icon_wink.gif

just to let all ur inquiring minds know.....i haven't heard a word from the evil copyright queen (that's what me and a decorator friend r calling her now).....i guess u guys r right.....she was just bluffing and hoped that i would take the pic down, no questions asked......WRONG! icon_lol.gif

and i've been cracking up all morning catching up on all ur comments!!! u guys r soooo funny!

and OhMyGoodies - thx for letting me know that......i'm feeling pretty proud that i'm actually recognized by google now! but u know why, right? because of all of u checking the pic out!!! thumbs_up.gif u guys r the best! thx for all ur support and for having my back!

a lot of u have asked to see the 'copyright queen's' cheeseburger cupcake.....tell me, should i post a link to her site? should i post just the buger pic here? i don't want to mis-represent and make it appear that i stole her pic too! and i don't want to send everyone to her site and cause a back-lash against her.....not saying that u guys would do that, but unlike her, i'm a nice person and don't want to bring anything negative to anyone icon_lol.gif

D77 Posted 9 Jul 2007 , 2:34pm
post #84 of 150

Post a link to her site! icon_biggrin.gif

JMO

wysmommy Posted 9 Jul 2007 , 2:37pm
post #85 of 150

Is it a legit business site? Maybe you could give us a few clues, enough to perhaps google for it and find it ourselves...I mean you'd just be helping us find another cake site and we all look for those regularly right? icon_twisted.gif

BrandisBaked Posted 9 Jul 2007 , 2:40pm
post #86 of 150

I would NOT post a link. First, she will be able to see that people are coming there from here if she has a tracker (and she can read this thread) - and second, I've seen several busy-bodies get too involved in situations like this. Offering her up for slaughter is not a "nice" thing... I think she's in the wrong, although maybe she thought she was in the right. A lot of us get confused about copyright issues and what's legal - she doesn't need to get attacked for it.

She was polite in her letter to you, I think the polite response is to just let it go.

But that's just my opinion.

indydebi Posted 9 Jul 2007 , 2:44pm
post #87 of 150
Quote:
Originally Posted by BrandisBaked

I would NOT post a link. First, she will be able to see that people are coming there from here if she has a tracker (and she can read this thread) - and second, I've seen several busy-bodies get too involved in situations like this. Offering her up for slaughter is not a "nice" thing... I think she's in the wrong, although maybe she thought she was in the right. A lot of us get confused about copyright issues and what's legal - she doesn't need to get attacked for it.

She was polite in her letter to you, I think the polite response is to just let it go.

But that's just my opinion.




Once again, you demonstrate how much of a true professional you are! thumbs_up.gif

CustomCakesBySharon Posted 9 Jul 2007 , 2:49pm
post #88 of 150
Quote:
Originally Posted by BrandisBaked

I would NOT post a link. First, she will be able to see that people are coming there from here if she has a tracker (and she can read this thread) - and second, I've seen several busy-bodies get too involved in situations like this. Offering her up for slaughter is not a "nice" thing... I think she's in the wrong, although maybe she thought she was in the right. A lot of us get confused about copyright issues and what's legal - she doesn't need to get attacked for it.

She was polite in her letter to you, I think the polite response is to just let it go.

But that's just my opinion.




i agree, i'm not going to post it.....it'll just bite me in the butt later.....PM me if u'd like

Luxe42 Posted 9 Jul 2007 , 3:01pm
post #89 of 150

I just checked out your website and nowhere did I see the words "Check out these super original cheeseburger cupcakes that I invented myself. Available here only! Nowhere else in the world can you get a cupcake shaped like a cheeseburger due to my complex and original design"

Yes, maybe if something like that was written on your website, a person could complain...but COME ON LADY! It just sounds like she was irked and was throwing around the term "copyrighted" to scare you.

Now from what I read on this thread about all the copyright rules and regs, I wonder if no matter who really invented this cheeseburger cupcake idea - being it from Jan of this year or August of 1976 - can a person get a copyright if they are the first PERSON to go try and obtain one for an idea? I mean if Betty Crocker made it in 1976 but never copyrighted it, can a person in 2007 do it?

Anyway, leave your work up on your website. If those are the cake and baked goods that you offer your clients then why would you take anything down? The only cake things I know that a person can't sell are copyrighted Character pan cakes. I learned that from my Wilton instructor.

Tell her sorry she is offended that you make the same cake as her but....too bad! You did nothing wrong!

Bake on!!

EricaT Posted 9 Jul 2007 , 3:08pm
post #90 of 150

i dont see how its possibel either, unless you were using something completely original. im sure shes not the 1st person in the world to make burger cupcakes, It would be like telling someone they cant make a chocolate cake

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