saracupcake Posted 26 Feb 2009 , 3:03pm
post #1 of

There was a story in the news yesterday about a bakery here in Scotland getting into trouble with Louis Vuitton, I thought some people might be interested.

http://www.dailyrecord.co.uk/news/scottish-news/2009/02/25/vuitton-s-ban-on-bun-bag-86908-21151047/

126 replies
kelleym Posted 26 Feb 2009 , 3:10pm
post #2 of

This is very interesting, thank you!

So now, when the inevitable copyright discussions come up, and someone asks about Louis Vuitton bags, we have an answer.

SaraClassic Posted 26 Feb 2009 , 3:21pm
post #3 of

So whats the answer CakeBoss? All I got was they told them to stop because they look to real and the bakery hopes to find a "happy medium" and still make them. So what do we say?
Not that I have that problem, mine would never look "too real" anyway, lol!

-K8memphis Posted 26 Feb 2009 , 3:33pm
post #4 of

I've been thinking about this since I'm on the verge of legalness and what I 'm gonna do is blow the logos a bit. Just not make it perfectly perfect. That's why the Louie boys are getting twitchy about this.

There's knock offs of everything. Obviously a cake is not a purse, so we're ok there. But we just gotta like for Louie we'd need to make the "V" in the logo look like an "N" kwim. Make it slightly wrong on purpose so it's a 'knock off' but still close enough to be fun.

I think if we blow each logo on purpose a bit we are ok and not like to be deceitful but just to take care of (our) business and not steal. Paradies are firmly legal.

Zillions of chickadees carry knock off purses and that's not illegal kwim. Just don't make 'em perfect even though we can huh.

ZAKIA6 Posted 26 Feb 2009 , 3:36pm
post #5 of

thats interesting...

it says that they are working on reaching an agreement with Truly Scrumptious.

I doubt that LV would try to work out an agreement with anyone/everyone

Carolynlovescake Posted 26 Feb 2009 , 4:36pm
post #6 of
Quote:
Originally Posted by k8memphis

I've been thinking about this since I'm on the verge of legalness and what I 'm gonna do is blow the logos a bit. Just not make it perfectly perfect. That's why the Louie boys are getting twitchy about this.

There's knock offs of everything. Obviously a cake is not a purse, so we're ok there. But we just gotta like for Louie we'd need to make the "V" in the logo look like an "N" kwim. Make it slightly wrong on purpose so it's a 'knock off' but still close enough to be fun.

I think if we blow each logo on purpose a bit we are ok and not like to be deceitful but just to take care of (our) business and not steal. Paradies are firmly legal.

Zillions of chickadees carry knock off purses and that's not illegal kwim. Just don't make 'em perfect even though we can huh.




Straight from my lawyer's mouth when discussing copyright issues:

If you alter the look a little bit and call it something else and they can prove it looks anything close to their image you are still going to get busted."

When I asked about changing the image 33% he laughed. His reply "they can go after you for it still. If it looks like theirs they still own it and you are busted."

-K8memphis Posted 26 Feb 2009 , 5:01pm
post #7 of
Quote:
Originally Posted by CarolynGwen

Quote:
Originally Posted by k8memphis

I've been thinking about this since I'm on the verge of legalness and what I 'm gonna do is blow the logos a bit. Just not make it perfectly perfect. That's why the Louie boys are getting twitchy about this.

There's knock offs of everything. Obviously a cake is not a purse, so we're ok there. But we just gotta like for Louie we'd need to make the "V" in the logo look like an "N" kwim. Make it slightly wrong on purpose so it's a 'knock off' but still close enough to be fun.

I think if we blow each logo on purpose a bit we are ok and not like to be deceitful but just to take care of (our) business and not steal. Paradies are firmly legal.

Zillions of chickadees carry knock off purses and that's not illegal kwim. Just don't make 'em perfect even though we can huh.



Straight from my lawyer's mouth when discussing copyright issues:

If you alter the look a little bit and call it something else and they can prove it looks anything close to their image you are still going to get busted."

When I asked about changing the image 33% he laughed. His reply "they can go after you for it still. If it looks like theirs they still own it and you are busted."





I respectfully disagree with your lawyer's conclusion. Of course anything can be brought as a lawsuit. But parodies are legal.

A cake is a natural as a comic imitation--you're not gonna carry your wallet in a cake purse. Looking high fashion is often a direction cake goes.

Nobody would touch that unless the logos were exact.

indydebi Posted 26 Feb 2009 , 6:15pm
post #8 of
Quote:
Originally Posted by CarolynGwen

If you alter the look a little bit and call it something else and they can prove it looks anything close to their image you are still going to get busted."



I have to agree with this. My neighbor works for Jim Davis, creator of cartoon cat Garfield. She shares that someone thought if they "altered" Garfield and made him blue, that was ok. This person found out in a court of law that he was wrong.

I think the "if you change it enough, it's ok" myth ranks right up there with "Get a styrofoam cake because they are really cheap!" icon_lol.gif

-K8memphis Posted 26 Feb 2009 , 7:12pm
post #9 of
Quote:
Originally Posted by indydebi

Quote:
Originally Posted by CarolynGwen

If you alter the look a little bit and call it something else and they can prove it looks anything close to their image you are still going to get busted."


I have to agree with this. My neighbor works for Jim Davis, creator of cartoon cat Garfield. She shares that someone thought if they "altered" Garfield and made him blue, that was ok. This person found out in a court of law that he was wrong.

I think the "if you change it enough, it's ok" myth ranks right up there with "Get a styrofoam cake because they are really cheap!" icon_lol.gif




I still say it's different for purses. I agree about characters.

PinkZiab Posted 26 Feb 2009 , 8:33pm
Quote:
Originally Posted by k8memphis

Zillions of chickadees carry knock off purses and that's not illegal kwim. Just don't make 'em perfect even though we can huh.




Actually knockoff purses are VERY much illegal, and there are raids all the time to shut down the shops and in-home purse parties that sell them.

-K8memphis Posted 26 Feb 2009 , 8:47pm

Well you all will have to come bake me cake and bail me outa jail for my raucous living and dastardly deeds.

icon_biggrin.gif

(btw--cakes are not purses, pretty sure.)

doughdough Posted 26 Feb 2009 , 8:50pm
Quote:
Originally Posted by k8memphis

But parodies are legal.




I've always been under the impression that parodies are legal ONLY when you get permission first. For example, Weird Al has to contact the original artist and get permission before releasing a song. He got in big trouble when he did a Coolio song without permission a few years back!

Lori17201 Posted 26 Feb 2009 , 8:52pm

The point is that it is a cake. And if it replicates their design it can be copyright infringement.

That said, they should be happy that people are giving them free publicity and thank all the bakers who are honoring them with the cake purses.

Personally, Louie and Coach aren't worth the price anyway, but that's just my opinion. I rather spend the money on cake supplies!

indydebi Posted 26 Feb 2009 , 9:01pm
Quote:
Originally Posted by Lori17201

That said, they should be happy that people are giving them free publicity ....




I've seen that theory before and it has nothing to do with it. It has to do with protecting the integrity of their intellectual and creative property.

I can do a naked Minnie Mouse humping Goofy and Disney certainly wouldn't want THAT kind of "free publicity" on their character / creation.

It's about protection of their image; of their creation; of their product.

tx_cupcake Posted 26 Feb 2009 , 9:03pm

The law is based on what a reasonable person would do/assume/know. A reasonable person would never assume that a cake is a purse and vice versa.

Besides, it's rather hard to produce evidence when its in someone's tummy. icon_lol.gif

aligotmatt Posted 26 Feb 2009 , 9:09pm

It doesn't mean you can't make an awesome purse cake. The Cake Girls have a whole purse line and sell them like crazy, they just don't slap someone else's logo on it. I've had people try to order all kinds of character cakes, I explain the legalities, some people order a different, but still matching cake, others go to someone who doesn't care about risking their butts.

So make a cute purse, bag, tote, or clutch... don't out tweety bird, dora, or LV on it...

-K8memphis Posted 26 Feb 2009 , 9:20pm
Quote:
Originally Posted by bakerbear

Quote:
Originally Posted by k8memphis

But parodies are legal.



I've always been under the impression that parodies are legal ONLY when you get permission first. For example, Weird Al has to contact the original artist and get permission before releasing a song. He got in big trouble when he did a Coolio song without permission a few years back!




Not in music. I have a band that I carry called Apologetix--that's all they do is parodies. They are totally awesome.

indydebi Posted 26 Feb 2009 , 9:21pm
Quote:
Originally Posted by txcupcake

Besides, it's rather hard to produce evidence when its in someone's tummy. icon_lol.gif




So as long as I smoke the reefer fast enough, it's ok? icon_biggrin.gif

Deb_ Posted 26 Feb 2009 , 9:24pm
Quote:
Originally Posted by Lori17201


Personally, Louie and Coach aren't worth the price anyway, but that's just my opinion. I rather spend the money on cake supplies!




LOL! When I turned 40 my brothers and sisters thought it would be great to get me a "real" Coach bag. We always chip in for a nice gift on eachother's 40th. (There's 8 of us, well 7 now one of my DB died)

I kept telling my DH, "tell them I want an Agbay", "please, I don't want jewelry, I want an Agbay"! Well, they didn't listen and I got the Coach bag icon_sad.gif Oh, I don't mean to sound ungrateful, it's just, I had 2 fake ones that I liked just fine.

Everytime I pick up that handbag, I think, "Come on Agbay" LOL!!! The good news is my DH bought me the Agbay, so I did end up getting one, but it would have been nice to have not had to pay for it ourselves. icon_rolleyes.gif

indydebi Posted 26 Feb 2009 , 9:30pm

dkelly, why do people think it's better to get you what THEY want you to have instead of something YOU actually want to have? And don't give me that crap about "It's the thought that counts" because my response is "well, then you have stupid thoughts!" icon_lol.gificon_lol.gif

cinderspritzer Posted 26 Feb 2009 , 9:35pm
Quote:
Originally Posted by indydebi

dkelly, why do people think it's better to get you what THEY want you to have instead of something YOU actually want to have? And don't give me that crap about "It's the thought that counts" because my response is "well, then you have stupid thoughts!" icon_lol.gificon_lol.gif





They should *think* about listening to what we tell them! icon_razz.gif

Win Posted 26 Feb 2009 , 9:36pm
Quote:
Quote:

I can do a naked Minnie Mouse humping Goofy




Oh!!! My eyes, my eyes!!!! icon_lol.gif

newmansmom2004 Posted 26 Feb 2009 , 9:43pm

Sounds like LV needs to lighten up. icon_razz.gif

Deb_ Posted 26 Feb 2009 , 9:43pm
Quote:
Originally Posted by indydebi

dkelly, why do people think it's better to get you what THEY want you to have instead of something YOU actually want to have? And don't give me that crap about "It's the thought that counts" because my response is "well, then you have stupid thoughts!" icon_lol.gificon_lol.gif




I know that's what I kept saying to my DH. Being the youngest, and since all the others got jewelry or a watch on their 40th, their thought was they wanted to give me something special that would remind me of them when I used it.

I use my Agbay more than my Coach bag, so I definitely would have thought of them every time I was torting my layers. icon_biggrin.gif

indydebi Posted 26 Feb 2009 , 9:49pm
Quote:
Originally Posted by dkelly

... that would remind me of them when I used it.




icon_lol.gificon_lol.gif Geesh, everyone is full of themselves aren't they!

"Here, I won't give you something that you need so that you'll think of ME lovingly everytime you use it. I'll give you something that will take up space on the closet shelf, so you think of ME and cuss me out everytime you open the door and it falls on your head! 'Coz even tho it's YOUR birthday, we all know that it's all about ME!!" icon_lol.gificon_lol.gif

DianeLM Posted 26 Feb 2009 , 9:51pm

[quote="indydebi"]dkelly, why do people think it's better to get you what THEY want you to have instead of something YOU actually want to have? And don't give me that crap about "It's the thought that counts" because my response is "well, then you have stupid thoughts!" icon_lol.gificon_lol.gif[/quote

Indeed. After my hubby was diagnosed with high cholesterol, a family member gave us a case of Omaha steaks for Christmas.

The gift was generous but not thoughtful. Made a helluva thank you card. icon_wink.gif

tx_cupcake Posted 26 Feb 2009 , 9:51pm
Quote:
Originally Posted by indydebi

Quote:
Originally Posted by txcupcake

Besides, it's rather hard to produce evidence when its in someone's tummy. icon_lol.gif



So as long as I smoke the reefer fast enough, it's ok? icon_biggrin.gif




No, you have to flush weed. Duh! icon_lol.gif

Onome Posted 26 Feb 2009 , 9:55pm

[/quote]

I can do a naked Minnie Mouse humping Goofy and Disney certainly wouldn't want THAT kind of "free publicity" on their character / creation.

It's about protection of their image; of their creation; of their product.[/quote]


That is the funniest thing I have read today. I love your sense of humor. Now back to work I go. I feel more energized.
Btw.... Please do not do a naked minnie mouse humping anyone!

cakedoll Posted 26 Feb 2009 , 10:28pm
Quote:
Originally Posted by newmansmom2004

Sounds like LV needs to lighten up. icon_razz.gif




I don't think that's going to happen anytime soon. Around a year or so ago they won a huge lawsuit against eBay for trademark infringement. I can't remember the exact amount but it was around 40 million dollars. They claimed that eBay was not policing the site and allowing counterfeits to be sold as real on a daily basis, and eBay claimed they were simply a venue for people to sell their items and it wasn't their job to investigate every seller. LV won; I believe eBay appealed but I don't know where it went from there.

The fact that they are questioning a bakery (to me) is totally ridiculous but it doesn't surprise me at all.

littlecake Posted 26 Feb 2009 , 10:33pm
Quote:
Originally Posted by k8memphis

Well you all will have to come bake me cake and bail me outa jail for my raucous living and dastardly deeds.

icon_biggrin.gif

(btw--cakes are not purses, pretty sure.)




I'll bring you a cake with a file baked in it..

Quote by @%username% on %date%

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