wyckedwytch Posted 26 Mar 2008 , 3:31pm
post #1 of

A quick question about disney, little pet shop, etc...

I understand that I can not sell any cookies that have characters on them...tinkerbell, snow white... and such, but, Walmart has easter pails on sale 2 for $4 that are just pails with these characters on them but they do not look very easter-ish so they would be great for bouquets.

So here's my question, Is it legal to sell cookie bouquets using containers that have licensed characters?

Heather

25 replies
MahalKita Posted 26 Mar 2008 , 7:16pm
post #2 of

From what I have read on here before (couldn't find it so it might have been deleted) you can not resell the licensed characters unless you have paid the dues. Now I could be totally wrong but I believe that is how it is.

Anyone else?????

MichelleM77 Posted 26 Mar 2008 , 9:54pm
post #3 of

I think you are safe buying the pails and reselling them, only because the licensing was paid for by Walmart in order to sell them to begin with. I'm not sure though, but other people on CC have explained the licensing issues and you are safe if you buy a licensed figure and use it on your cake, I believe, but you cannot make your own cake in the likeness of a licensed character, etc. Hmm, sometimes I confuse myself.

kneadacookie Posted 27 Mar 2008 , 12:18pm
post #4 of

i also believe you can sell the pails.... you cannot reproduce a lisenced character in any form. you can sell a mickey cake if you buy the plastic characters and put them on the cake

MichelleM77 Posted 27 Mar 2008 , 1:18pm
post #5 of
Quote:
Originally Posted by kneadacookie

i also believe you can sell the pails.... you cannot reproduce a lisenced character in any form. you can sell a mickey cake if you buy the plastic characters and put them on the cake




You said it much better. icon_redface.gif LOL! Thanks!

paintinggrams Posted 27 Mar 2008 , 2:59pm
post #6 of

Although I have not sold any of my baking goods yet as I'm just getting started I have done small craft shows with my tolepanting items. and have sold some things that have had characters on them. I really think they worry more about people who mass produce things with their characters on them then the little people. But that's just my opinion.

kakeladi Posted 27 Mar 2008 , 3:20pm
post #7 of

I'm going to be VERY, Very BLUNT
What part of NO do you not understand?

Now you will see someone here & there do things that are not legal - we all do now & then - sometimes w/o really thinking aobut it but in general you CANNOT SELL *anything that is licensed* w/o running the risk of being caught unless YOU HAVE WRITEN PERMISSION FROM THE LICENSED HOLDER (ie" Disney etc).
No they don't just let the little guy slide! They just have not gotton caught.
It is up to the licensed holder to police the mis-use of their item. Some - like Disney - have a full time staff working on it and they will get to you sooner or later. Do you really want to take the chance of a fine of thousands of $$?? There have been incidents of people coming to craft shows, buying *every* item in ? then being taken to court! Just because you got away with it this time does not mean you will next time icon_sad.gif

maurerba Posted 27 Mar 2008 , 3:30pm
post #8 of

So, you can make them for personal use but not sell them? I an just trying to understand. I NEVER thought of this before. I usually just make cakes for my family/friends. Would it be OK to use a lisenced character for that? I "sold" my first cake just a few weeks ago. It had Curious George on it. I hate to break copy write laws and I hate to think I am/did do something wrong.

kakeladi Posted 27 Mar 2008 , 3:35pm
post #9 of

<...you can make them for personal use but not sell them?...>

BINGO!!!!!!
Exactly. As long as no money (in any way, shape, or form) changes hands.
If it is a gift from you to someone it is o.k.

No, they cannot give you the pan to use (or keep) because then it HAS been paid for.
No, you cannot do it on a 'donation' basis because then it HAS been paid for.
But a straightout gift is fine.

wyckedwytch Posted 27 Mar 2008 , 3:41pm

So it's still not clear...

I'm very aware that I can not make cookies in anyway that resemble a character...but if I buy a pail from Walmart that has tinkerbell on it can I sell a bouquet of cookies using that pail?

Thanks for everyone's help,

Heather

MichelleM77 Posted 27 Mar 2008 , 3:44pm

I refuse to do anything that has or resembles a licensed character (no one has even asked me for anything like that anyway) and I don't have to worry about it. No pails with Disney characters, no nothing. I don't want to even deal with it, then I know I'm safe.

kneadacookie Posted 27 Mar 2008 , 3:52pm

then how can decopac sell lisenced characters by the gross. no one can use a gross of elmo's for personal use.
i wish i knew a copyright lawyer that could end all this

wyckedwytch Posted 27 Mar 2008 , 3:54pm

Thank you!

Originally I thought if you went out and bought the figurines of characters you could add them into your product so I thought the same with the pails, vases, boxes etc.

But I think it makes sense....without sounding stupid could you just charge for the cookies and say it comes with a free ---(insert character) container...I only want to do things legally but my niece loves littlest pet shope things.

lilmansmum Posted 27 Mar 2008 , 3:55pm

Okay, let me get this straight:

Let's say I make a "castle cake" and buy some Disney princess figurines to stick on it. This is okay, correct? I paid for the figurines that are used. I know this must be okay because every bakery I know of uses plastic toys rather than actually drawing the licensed characters on their cakes (which is, of course, illegal.)

What would be the difference in purchasing little plastic toys to stick on a cake and purchasing a pail or bucket to use on/in a cake? No difference that I can see.

kneadacookie Posted 27 Mar 2008 , 3:56pm

you can do them for your neice for free
that's what i did with the mcdonald's cookies i did

wyckedwytch Posted 27 Mar 2008 , 3:58pm

Exactly what I was thinking Kneadacookie!

P.s. Kneadacookie my husband and I are making my website and I keep going back to yours saying "But I want it like this" Did you design your own page or have someone do it for you...if you did it yourself, what packages or software did you use?...If you don't mind sharing

Heather

kneadacookie Posted 27 Mar 2008 , 4:00pm

thanks heather
webeasy 5
you can pm me if you have any questions about it
i'm trying to talk bakinccc into getting a website going too

wyckedwytch Posted 27 Mar 2008 , 4:01pm

I could do them for free, if I liked my sister-in-law icon_razz.gif just kidding of course it would be free for her but then you have all the other Mom's saying they want one too. If it's not possible I totally understand..I don't want to get in trouble but I do not have any money for lawyers right now either.

paintinggrams Posted 27 Mar 2008 , 4:05pm

Well it seem kakeladi knows alot about this subject (a lot more then me that's for sure. I was just giving my opinion but I can tell you I will definetely not chance it in the future. I already have enough aggrivation because I live in Illinois and FDA regulations forbid me to bake and sell out of my home unless I have a separate kitchen which I can't afford to have one of those put in. So I plug away at just making my family the things that they want and love and life stays simple. Lynda

Tootall Posted 27 Mar 2008 , 4:14pm

So all these big time bakeries that sell the character cakes must have either bought the rights to use them, or they're breaking the law, correct? Wow, I had no idea this was such a big thing! LOL I never even thought about it until I came to CC. Wow, SO glad I don't have to deal with that crud! icon_smile.gif I'm just a friend and family baker icon_biggrin.gif

anne4588 Posted 27 Mar 2008 , 4:15pm

I agree with all the NO's..Did you also know that even in my daycare I am not able to show ANY MOVIES? that would be under the "pently of public showings?
Lots of rules out there guys and gals not really worth the $$$ of fines and court costs.
Free is good for this but not the pocketbook. and we all are in the business of making money right?
Good luck with this debate,I think it will never really end.

MichelleM77 Posted 27 Mar 2008 , 4:30pm
Quote:
Originally Posted by kneadacookie

then how can decopac sell lisenced characters by the gross. no one can use a gross of elmo's for personal use.
i wish i knew a copyright lawyer that could end all this




How I understand it, is that Decopac already purchased the licensed from Disney and whoever to sell their products, so bakeries buy from Decopac are able to use it because the licensing fee has already been paid to Disney from Decopac.

wyckedwytch Posted 27 Mar 2008 , 4:32pm

Okay now I want to mess everything up...

I went to the US copyright page and I can't find anything about selling someone's work that you purchased from a store but of course I could find things about reproducing images...but...

I found on ebay someone selling the very same tinkerbell pail filled with tinkerbell products that she stated were disney licensed characters that were new and some still had original tags on them...does ebay allow you to sell your stuff that is licensed? This site also was reselling tinkerbell comforters, shirts, figurines etc.

So confused icon_cry.gif

wyckedwytch Posted 27 Mar 2008 , 4:46pm

Okay my husband is the voice of reason and said we are all being silly...

What he said is if we do not duplicate the image (create it ourself) than we can resell a product that we have purchased. In other words if we be a disney pail and fill it full of goodies we can then sell that pail.

Which is the same thing as going to a yard sale and buying someones tinkerbell highchair or blue's clues stuffed animal.

If someone knows other than this I'm all ears otherwise I'm gonna end up calling disney. icon_lol.gif

kneadacookie Posted 29 Mar 2008 , 2:23pm

you go wycked

MahalKita Posted 31 Mar 2008 , 3:30pm

I believe eBay you can resell things like your husband said because it is like a garage sale. But when you add your cookies to it you are marketing an illegal product. My brother in law owns a bakery & he pays heft licensing fees to be able to buy the (in my opinion) ugly plastic toys for the tops of the cakes. I say don't do it. icon_smile.gif

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