Trademarked Images On Cakes

Decorating By Katied75 Updated 15 May 2008 , 11:04pm by leily

Katied75 Posted 14 May 2008 , 5:35pm
post #1 of 3

Since it's not legal to create your own Disney image (or other trademarked images) and use them on a cake you are selling, what is legal to sell?

If a customer wants a cake with Tinkerbelle, for example, can you sell a cake with a Tinkerbelle candle that you've purchased from a store? Or is the candle like a pan... meant to be used for home use only and not to be resold on a cake?

Could you buy a candle and give it to the customer, and have them put it on the cake? Just trying to figure out what is allowed. Thanks!

Katie

2 replies
JoAnnB Posted 14 May 2008 , 7:01pm
post #2 of 3

As long as you don't replicate the character, you will not be in trouble. If the customer gives you a toy, or candle or whatever to put on the cake, you are in the clear.

I itemize the toy separately as 'provided by customer' so it is clear I did not sell the trademarked item.

leily Posted 15 May 2008 , 11:04pm
post #3 of 3

I purchase character sets in the toy isles.

I make a line item of the toy on the receipt
I make a copy of the receipt and attach it to the invoice for the customer.
I show that I make no money on the toy itself and my prices match my price list on the invoice.

I have ran this past a couple of people in the copyright field and both have approved of this method as I am showing that I am making no money on their toy, AND that their image is in tact and portrayed how they want it.

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