If There Was A Way Around It, I May Have Found It???

Decorating By thedessertdiva Updated 9 Jul 2010 , 3:04am by cheriej

thedessertdiva Posted 6 Jul 2010 , 9:17pm
post #1 of 33

So I may be beating a dead subject to death, but I think I have figured something out.

Eminger Berries (which is currently for sale at this time) has a "patent" on the stuffing of strawberries.

icon_confused.gif

It is on HER method of the stuffing. I currently make my own stuffed berries (cheescake, cake balls, cookie, cupcake, candy bar, fruit, etc) but stuff them entirely differently from her version of stuffing them.

I should be safe when I offer these bad boys at my shop, correct?

My legal team says as long as I stay away from coyping her exact method of the stuff and do not use her recipes (which I don't. Mine are far superior...), I am safe.

Morally? Why am I sitting on the fence with this?

Help me out, cakers. Please?

32 replies
rosiecast Posted 6 Jul 2010 , 9:22pm
post #2 of 33

OMG! I had no idea this existed. I say go for it and best of luck!

deMuralist Posted 6 Jul 2010 , 9:31pm
post #3 of 33

I had no idea what you were talking about so I just googled it. The store closed. Not sure what effect that has on the patent, but certainly morally customers should not be denied because the inventor could not keep the business going.

tavyheather Posted 6 Jul 2010 , 9:46pm
post #4 of 33

wow, I've never heard of this...but was planning on selling choc dipped strawberries along w/ cakes....since they're abundant here in CA...

I'm not even sure how she was stuffing them...and u say u stuff them differently and you're fine? then go for it...If you still feel guilty maybe give penance to her by saying you're grateful for the inspiring work of Eminger on your website...or something...

Doug Posted 6 Jul 2010 , 9:53pm
post #5 of 33

in light of a recent Supreme Court decision, her patent now stands on shaky ground.

Go with the advice of your legal team: sell them.

(oh and send me a sample!)

leah_s Posted 6 Jul 2010 , 10:00pm
post #6 of 33

Stands with Doug.

BTW, do you need my address for mailing the package?

foxymomma521 Posted 6 Jul 2010 , 10:14pm
post #8 of 33

I mean, isn't that like saying if you fill and ice a cake a certain way, nobody else can do it too? That's bizarre.

costumeczar Posted 6 Jul 2010 , 10:17pm
post #9 of 33

A patent on stuffing strawberries? That is the dumbest thing I've ever heard. Unless the patent is on a specific tool that she uses, how can she patent that? Someone please explain what I'm missing.

If you do yours differently then you have no problem, and even if you didn't how would she prove that you did it the exact same way? I don't understand what there would be to patent. If someone came up with a new way to broil a steak would they be able to patent that? Ridiculous...

StephW Posted 6 Jul 2010 , 10:19pm
post #10 of 33

Doug, do you have a link to an article about the Supreme Court decision?

thedessertdiva Posted 6 Jul 2010 , 10:25pm
post #11 of 33

Her patent is on how she cuts, and slices the berry to fill them. She x's the bottom (non-stem end) and removes the "innards" that way, then stuffs the berry.

Needless to say, I don't do that.

Thank you all for the words of encouragement. I will now forge on in my plan to include these on my menu.

<3

costumeczar Posted 6 Jul 2010 , 10:36pm
post #12 of 33
Quote:
Originally Posted by thedessertdiva

Her patent is on how she cuts, and slices the berry to fill them. She x's the bottom (non-stem end) and removes the "innards" that way, then stuffs the berry.

Needless to say, I don't do that.

Thank you all for the words of encouragement. I will now forge on in my plan to include these on my menu.

<3




I looked up "stuffed strawberries" on google, and a bunch of recipes showed up, so it's not an original idea. I'd say that as long as yours don't have a teeny X on them so taht she can examine them and take you to court you don't have a problem.

StandingForJesus Posted 6 Jul 2010 , 10:47pm
post #13 of 33

Wow.......like deMuralist, I googled stuffed strawberries too before reading the entire thread and LOTS of stuffed strawberries sites come up, like everyone else how in the world can she patent that? That is just like saying you can't fry an egg in a frying pan cuz I do. What in the world is this world coming to?

patticakesnc Posted 6 Jul 2010 , 11:57pm
post #14 of 33

watch this....apparently Paula Dean can do it with a criss cross.

http://www.foodnetwork.com/paulas-stuffed-strawberries/video/index.html

thedessertdiva Posted 7 Jul 2010 , 4:56pm
post #15 of 33

@patticakes...she did! Well look at that!

I still am not going to chance it. I remember a few years back, when the creator ( icon_rolleyes.gif ) of the Stuffed Strawberries, was out for blood on her method. I will continue to make them as I do, and they work just fine.

nonilm Posted 7 Jul 2010 , 5:30pm
post #16 of 33

moot point. as of June 2008 her patent application is abandoned. She has no rights to prevent anyone from using the method in this application. It is now in the public domain.

cutthecake Posted 7 Jul 2010 , 5:40pm
post #17 of 33

If the "originator" of the X-method stood up while stuffing her strawberries, just sit down when you stuff yours. That's a different method.

adamsmom Posted 7 Jul 2010 , 6:41pm
post #18 of 33

Go for it and good luck! I'm sure that you'll sell TONS of them!

costumeczar Posted 7 Jul 2010 , 7:22pm
post #19 of 33
Quote:
Originally Posted by cutthecake

If the "originator" of the X-method stood up while stuffing her strawberries, just sit down when you stuff yours. That's a different method.




Hahahahahahaha!

Peridot Posted 7 Jul 2010 , 7:36pm
post #20 of 33

Absolutely ridiclious!! This woman must be a nut case to think that she can patent something this elementary. Like I can't cut an "X in the tip of my berry and remove some of the berry and stuff it with something. Well then maybe someone should patent filling cupcakes or jelly donuts. I am glad to hear that she didn't get her way and that for once the court system made an intelligent decision.

I am still laughing.

tavyheather Posted 7 Jul 2010 , 7:37pm
post #21 of 33
Quote:
Originally Posted by cutthecake

If the "originator" of the X-method stood up while stuffing her strawberries, just sit down when you stuff yours. That's a different method.




HAhahahahaha........nice.

Doug Posted 7 Jul 2010 , 7:46pm
post #22 of 33
michel30014 Posted 7 Jul 2010 , 8:02pm
post #23 of 33
Quote:
Originally Posted by costumeczar

Quote:
Originally Posted by cutthecake

If the "originator" of the X-method stood up while stuffing her strawberries, just sit down when you stuff yours. That's a different method.



Hahahahahahaha!






You guys are too funny!!! Roflmao

tavyheather Posted 8 Jul 2010 , 4:58am
post #24 of 33

Have you read her file on her patent. This lady is certifiable.......

http://www.freshpatents.com/Stuffed-strawberries-dt20060914ptan20060204627.php

tavyheather Posted 8 Jul 2010 , 5:02am
post #25 of 33

and this I found after googling her.

Commentary About the Patent:

It is amazing how we have wonderful opportunities to make something our very own. I get many wide eyes and grins when I talk about the patent for stuffed strawberries. Can you patent food? No. You can patent an invention. That's what stuffed strawberries are. Now I get the pleasure of knowing that the premium product I present to you should never be copied. I can give you my word about the uniqueness the specialty. Getting a patent takes time and courage. Waiting for a giant authority to accept your big idea can be very intimidating. My purpose behind this commentary is to show others proof that there is a way. Find your path or invent one.

costumeczar Posted 8 Jul 2010 , 11:21am
post #26 of 33
Quote:
Originally Posted by tavyheather

Have you read her file on her patent. This lady is certifiable.......

http://www.freshpatents.com/Stuffed-strawberries-dt20060914ptan20060204627.php





icon_confused.gif First of all, she doesn't know how to spell "paring" knife, so if she's using a "pairing" knife then is it okay for someone else who wants to use a "paring" knife to patent that method?

All anyone would have to do is find ONE example of someone putting a filling into a strawberry at any time in history to prove that she didn't invent the idea.

Doug Posted 8 Jul 2010 , 11:29am
post #27 of 33

oh, and applying for a patent is NOT the same as HAVING a patent.

the government has to approve it.

and this is so NOT new!

SandiOh Posted 8 Jul 2010 , 11:35am
post #28 of 33

jeez, i wonder if stuffing a pimento in a green olive is patented?

KHalstead Posted 8 Jul 2010 , 12:38pm
post #29 of 33

I find it hilarious that had she not been so full of herself as to apply for a patent, we may never know EXACTLY how she does them, but now we do LOL Irony is so funny sometimes!

cutthecake Posted 8 Jul 2010 , 12:40pm
post #30 of 33
Quote:
Originally Posted by SandiOh

jeez, i wonder if stuffing a pimento in a green olive is patented?




Or meat into a sausage casing...
Or ricotta into manicotti....
Or filling into a cannoli.....
Or beef into a pepper....
Or tuna into a tomato...
Or cheese and bacon into a potato...

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