tabs8774 Posted 9 Aug 2005 , 10:27pm
post #1 of

hey ya'll i heard years ago(b4 i started doing my own cakes) that it was illegal to sell a cake baked in the character pans due to copyright- trade marks ??? there is oe lady here that i know of that says she had to get special permission from wilton to sell cakes baked in these pans. is this true? i've seen the pony pan and harry potter pan just to name a few on many sites i'm so confused and not really looking to get i trouble. help plzzzzz

19 replies
Lisa Posted 9 Aug 2005 , 11:12pm
post #2 of

I contacted Wilton about this a while back and the answer was no. The licensed character pans are for home/personal use only.

tabs8774 Posted 10 Aug 2005 , 12:34am
post #3 of

does that mea that i cant bake and sell sponge bob,harry potter, carebearsetc but i can bake a cake to look like a my little pony with their pony pan?so then the pan would have to not have the actual character on the insert. is this correct?
sorry my n works when it wants

Lisa Posted 10 Aug 2005 , 12:42am
post #4 of

You can't sell any cake that you've made into the likeness of a licensed character. It wouldn't matter if you used a mold or just cut the shape out. You could make a pink pony but you couldn't make a MLP. You could make a wizard but not harry potter.

tabs8774 Posted 10 Aug 2005 , 12:48am
post #5 of

thank you so much... i'll just change something a little(different symbols/robe color.)
but i was looking at your cakes and i am sooooo impressed w/the spidey and princess dora cakes, they are incredible!!!!i put your instructions for the spidey in my favorites on my computer!! my son wants a harry potter like that...amazing cakes!

Lisa Posted 10 Aug 2005 , 12:57am
post #6 of

Thanks for the compliments!

When changing things, make sure the cake can't be identified as a MLP or HP in any way. You may want to leave the symbol off the tush. For Harry...go generic wizard instead or a stack of spell books. A wizard hat would be cute too.

debsuewoo Posted 10 Aug 2005 , 1:10am
post #7 of

OR...... as I read on a posting lastnight, sell your client a very expensive cake box and GIVE them the cake for free!

Debbi

apromisekept Posted 10 Aug 2005 , 1:21am
post #8 of

THIS SOUNDS SCARY TO ME. SO YOU CAN MAKE ANY KIND OF CHARACTER CAKE , BUT NOT LABEL IT AS THE ORIGINAL? CAN YOU USE LIKE A GA. BULLLDOG EDIBLE IMAGE? OR WILL YOU GET IN TROUBLE FOR THAT? CAN YOU EXPLAIN WHAT KIND OF CAKES CAN YOU MAKE FROM HOME OR IF YOU OPEN A CAKE BUSINESS? SORRY TO ASK SO MANY QUESTIONS , BUT I AM A HOUSEWIFE AND I SURE DON'T WANT TO BE SUED. I KINDA WONDER IF THIS IS THE RIGHT BUSINESS I WANT. BUT I SURE DO LOVE CAKE DECORATING!

sandinnalee Posted 29 Sep 2013 , 3:20am
post #9 of

Where I live we can sell cakes baked out of our kitchen.  You need a business license.  People use the Wilton Character Cake Pans and Disney as well.  We were told in a Wilton Class it was fine and given tips on finding retired pans.  I don't know.  Maybe different States or municipalities have different laws.  You cannot mass produce a cake using their pan or likeness of a character, but as long as you are just baking for kids parties and not setting up a bake shop you should be fine if your area has a law allowing it.

 

I am taking the class to make cakes for my family.  We did have people in the class who intended to start a business.

KatieKake Posted 29 Sep 2013 , 3:54am

Before I accepted the word of a Wilton teacher I would check with either the company that has the copyright on the character pans, or Wilton to find out the actual policy on using their character pan for   a cake you were planning on selling.;   The chances of the company finding out may be small, but the fine for  selling one ,, I understand is not. I personally do not think it worth the chance of being caught and having to pay a large fine, I have heard $10,000  but not sure about that.

 

If you were to purchase material with The Disney Princesses on it, you can not make anything for sell with that material.  For your children or grandchildren you can make it but not to sell to the public. The public, is any one who is not a member of your family, I have been told.

maybenot Posted 29 Sep 2013 , 4:42am

Quote:

Originally Posted by sandinnalee 
 

Where I live we can sell cakes baked out of our kitchen.  You need a business license.  People use the Wilton Character Cake Pans and Disney as well.  We were told in a Wilton Class it was fine and given tips on finding retired pans.  I don't know.  Maybe different States or municipalities have different laws.  You cannot mass produce a cake using their pan or likeness of a character, but as long as you are just baking for kids parties and not setting up a bake shop you should be fine if your area has a law allowing it.

 

I am taking the class to make cakes for my family.  We did have people in the class who intended to start a business.

 

If people where you live are SELLING cakes made with the Wilton Character Pans, then they are violating the copyright laws.  Those laws do NOT vary.  The issue is NOT mass use.  The issue is being paid for the cake, or for the ingredients that go into the cake, etc.  Any form of payment for one of those cakes violates copyright laws. 

 

Your instructor needs to contact her BOSS--Wilton--and get a better understanding of what the rules are, since people are relying on her to be the expert here.

AZCouture Posted 29 Sep 2013 , 4:50am

AThose pans are targeted to people who want to make their kid a cute cake, with a piping bag and a star tip. Customers actually request those designs?

AZCouture Posted 29 Sep 2013 , 4:51am

AAnd no, there are no "local laws" that allow the sale of character cakes.

AZCouture Posted 29 Sep 2013 , 4:53am

AOh good gravy...another ancient thread.

sandinnalee Posted 29 Sep 2013 , 5:43pm

AWell, i am new at this and i just make cakes for family, but what about cake toppers? If you use a Disney cake topper on a cake you are paid for how does that work?

Since people buy Wilton products to prepare these cakes And Wilton sells cake supplies not cakes i would think they would be glad. I went to a baby shower and the person bought a cake from someone and it was Cat In The Hat no mistaking that is copyrighted.

jason_kraft Posted 29 Sep 2013 , 6:21pm

A

Original message sent by sandinnalee

Well, i am new at this and i just make cakes for family, but what about cake toppers? If you use a Disney cake topper on a cake you are paid for how does that work?

If you purchase a licensed cake topper you have the right to use it as you see fit (including selling it) as long as you don't copy it, this right is protected by the doctrine of first sale.

Since people buy Wilton products to prepare these cakes And Wilton sells cake supplies not cakes i would think they would be glad.

Wilton's goal is to sell more of its products and fill its classes. Encouraging people to follow copyright law would run counter to this goal, which may be why you hear stories about Wilton instructors neglecting to mention copyright laws or food safety laws (willingly or not).

I went to a baby shower and the person bought a cake from someone and it was Cat In The Hat no mistaking that is copyrighted.

Many people are either unaware of how copyright law works or just don't care...that is until they receive a cease and desist order or are sued.

jason_kraft Posted 29 Sep 2013 , 6:23pm

A

Original message sent by KatieKake

If you were to purchase material with The Disney Princesses on it, you can not make anything for sell with that material. 

As mentioned above you can legally resell licensed material without permission as long as you do not make a copy of it.

kikiandkyle Posted 29 Sep 2013 , 6:51pm

AMake sure your topper is really licensed though, a lot of what is available on Etsy and eBay is not.

IowaBaker Posted 1 Oct 2013 , 2:46am

Can you legally use a registered item produced as a toy rather than a topper on a cake for sale? Like a real Barbie instead of using those half a doll things made to work with the wonder pans?

jason_kraft Posted 1 Oct 2013 , 4:45pm

A

Original message sent by IowaBaker

Can you legally use a registered item produced as a toy rather than a topper on a cake for sale? Like a real Barbie instead of using those half a doll things made to work with the wonder pans?

Yes, as long as the item is licensed and you resell the original item.

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