Selling Cakes With Trademark & Copyright Items..

Decorating By tarheelgirl Updated 26 Nov 2008 , 11:50pm by CelebrationsbyLori

tarheelgirl Posted 20 Nov 2008 , 4:42pm
post #1 of 18

Does anyone know the rules on selling cakes with a certain sports team emblem on them? How about if you do a FBCT in lets say Batman? I have request all the time to do sports cakes with the sports symbol and I make them out of either a transfer, fondant or color flow. I seriously don't want to break any laws. I have state approved bakery that I run out of my home.

17 replies
PinkZiab Posted 20 Nov 2008 , 4:46pm
post #2 of 18

Short answer: It is illegal to recreate any copyrighted image in your own medium and sell it for profit without the copyright holders express permission.

People still do it, but it IS copyright infringement, and therefore a risk.

tarheelgirl Posted 20 Nov 2008 , 4:57pm
post #3 of 18

Yes, we all do it! hummm


Ok.. well, then what about people who sell hair bows and quilts with the same logos or characters?


Guess we are all doing risky business!

mbelgard Posted 20 Nov 2008 , 5:20pm
post #4 of 18
Quote:
Originally Posted by tarheelgirl

Yes, we all do it! hummm


Ok.. well, then what about people who sell hair bows and quilts with the same logos or characters?


Guess we are all doing risky business!




No we don't all do it. Alot of bakers offer cakes in a theme to match but not anything that they can get in trouble for.

As for people who sell hair bows or whatever with a logo on it that might depend on how they're doing it. If it's an image they purchased and sewed onto the item it could be perfectly legal.

tarheelgirl Posted 20 Nov 2008 , 5:44pm
post #5 of 18

Sorry.. not accusing anyone of doing anything. I just know several people in my area that do it. Guess we are NOT all doing it..

As for the other items I listed.. they are also selling the products. Yes, they purchase the ribbon or items from the craft store and resell the product for a profit.

mellormom Posted 20 Nov 2008 , 5:46pm
post #6 of 18

It's legal if you use an item that was allready made buy the company. Like a cake topper. It's is not legal to make a cake where you made the character.
Disney is really strict and will go after you know matter who you are. Even if your a home baker. They prosecute but usually just make you pay there legal fees which are $10,000. That would bankrupt me so I don't chance it.
If you are not selling the cake however you can do whatever you want. icon_smile.gif
Jen...

__Jamie__ Posted 20 Nov 2008 , 5:47pm
post #7 of 18

I would never try to duplicate something that was intricate and copyrighted because I would probably screw it up! And then someone would say "well, that looks like crap!"

For the reselling ribbon thing...is the ribbon already imprinted with the trademarked image in question? Because if the person who is reselling it doesn't alter the product other than twisting it up and gluing on a clip....what's the problem?

tarheelgirl Posted 20 Nov 2008 , 5:52pm
post #8 of 18

Yes, the ribbon is already imprinted. That is the difference there then!! I don't usually use plastic items on my cakes.. If I ever have in the past I never charge for it that is something someone provided for the cake topper to me.

__Jamie__ Posted 20 Nov 2008 , 6:31pm
post #9 of 18

That reminds me of the topic started by someone awhile back...why do you use plastic on your cakes? Don't you have more talent than that?? Geez...of course we do, it's a matter of not infringing on copyrights, or it's what the customer requested.

mbelgard Posted 20 Nov 2008 , 6:36pm
post #10 of 18
Quote:
Originally Posted by Jamie85364

That reminds me of the topic started by someone awhile back...why do you use plastic on your cakes? Don't you have more talent than that?? Geez...of course we do, it's a matter of not infringing on copyrights, or it's what the customer requested.




It also is something that kids often prefer. My own children will pick a toy that they can play with after over something made of gumpaste that's going to get tossed any day.

tarheelgirl Posted 20 Nov 2008 , 7:14pm
post #11 of 18

The customer is always right! If they want a plastic figure/toy on the top then that is what they will get.

Melissa0567 Posted 20 Nov 2008 , 7:30pm
post #12 of 18

so let me get this straight, if you make a cake and put batman, incredible hulk, spider man, etc. drawing on this cake for a customer it is illegal? Who are you suppose to get permission from to draw a picture of this image?

mellormom Posted 20 Nov 2008 , 7:37pm
post #13 of 18

You have to get permission from the company. So to get permission for a Disney character you would have to contact Disney. It is not worth it though. It usually costs oodles to do this and I'm sure they don't give them out to just anyone.
Jen...

scrabblemomof1 Posted 20 Nov 2008 , 7:45pm
post #14 of 18

I was asked to make a baby ruth cake for a co-worker. But I was thinking of changing the name on it to ie: "Babe Ruth" or "Bob Ruth" to reflect the persons name. I wonder if that counts? It's a good thing i'm doing this cake as a favor. icon_rolleyes.gif

tarheelgirl Posted 20 Nov 2008 , 7:57pm
post #15 of 18

Honestly, when I do logos or a character it is in someway different than the original. I mean its not an edible image of the character that I printed. I usually make them out of another method and it varies.

BCJean Posted 20 Nov 2008 , 8:18pm
post #16 of 18

If the design you do can be recognized as a copyrighted design...then you have done an illegal drawing or edible image. Slight variations from the original are still not allowed. With the edible images they do have discs available for you to purchase which you pay the royalties. These discs have a limited number of times you can use the image and then you must purchase another disc. These can only be used on systems designed to use the discs. For all other copyrighted designs you have to go with plastic figures or other purchased products, which you can design a background scene for.

indydebi Posted 20 Nov 2008 , 8:42pm
post #17 of 18
Quote:
Originally Posted by BCJean

Slight variations from the original are still not allowed.




Absolutely correct. I've shared this story before .... my neighbor works for Jim Davis, the creator of Garfield. Someone "thought" if they drew Garfield in blue, then it was different enough not to be a copyright infringement. Mr. Davis's attorney corrected this person's thinking very quickly!

If it looks like MIckey Mouse, if someone THINKS it's Mickey MOuse, then you've created Micky Mouse ... and Disney doesn't like that at all.

CelebrationsbyLori Posted 26 Nov 2008 , 11:50pm
post #18 of 18

Of course, we all know people who do it and have "gotten away with it", but are you willing to take the chance? I absolutely will not duplicate anything with a trademark. I can come up with a lot of ideas to match a party theme without having to draw Mickey Mouse on the cake. It's just not worth it to me. And trust me, the customers DO NOT get it, they think just because it's cake and they can't keep it, that you aren't doing anything wrong. WRONG! They will try and try and whine and whine, but you have to stick to your guns, because if you do it for one customer, someone else will see it and want the same thing for their kid, or that customer will come back next year and want Spiderman drawn on top and not understand why you could do it last year..... you get where I'm going. You have to make it all or nothing!
Lori

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