Legalities Of Using Box Cake Mix In A Business

Business By Doughnut Updated 19 Sep 2010 , 4:08pm by Rachel5370

Doughnut Posted 18 Sep 2010 , 6:14pm
post #1 of 9

Hey Y'all,

If you have a cake shop and you use box cake mix in your cakes is there any kind of copyright issue or anything like that?

Thanks,

PS, I'm in America. (I notice not everyone on here is in the USA)

8 replies
Kitagrl Posted 18 Sep 2010 , 6:38pm
post #2 of 9

Not any more than there would be on the Toll House or Ghiridelli chocolate chips you put in the recipes....or the Satin Ice or FondX fondant you use....or the Bettercreme....or the Polaner Allfruit Preserves...etc.

Rachel5370 Posted 18 Sep 2010 , 6:38pm
post #3 of 9

No, there would not be an issue with that. If you have a shop though, buy commercial mixes in bulk- it's cheaper and less labor.

Doughnut Posted 18 Sep 2010 , 7:15pm
post #4 of 9

Thanks for the reply.. [email protected]

joaaaann Posted 18 Sep 2010 , 8:15pm
post #5 of 9

Now see, there poses another scenario. It's a copyright issue if the cake looks like Sponge Bob or Mickey Mouse etc, in which are likely to be fined...but...if it looks like a name brand candy bar or a 79 Trans Am, we are not likely to get fined.

jason_kraft Posted 18 Sep 2010 , 8:34pm
post #6 of 9
Quote:
Originally Posted by joaaaann

Now see, there poses another scenario. It's a copyright issue if the cake looks like Sponge Bob or Mickey Mouse etc, in which are likely to be fined...but...if it looks like a name brand candy bar or a 79 Trans Am, we are not likely to get fined.



Actually, if you make a cake that looks like a name brand candy bar, including the brand's logo, you are at risk for being sued by the copyright owner of the brand (no one gets fined -- you would either be sued and made to pay a judgment by the court, or you would settle out of court with the other party).

The graphic on the Trans Am's hood is probably also copyrighted.

The only copyright issue relating to a box of cake mix is if you made a cake that looked like a box of cake mix, complete with the Duncan Hines or Betty Crocker logo.

joaaaann Posted 19 Sep 2010 , 3:49am
post #7 of 9

Oh. Well, I wondered if I was right about that or not. It's just that I never see that as a discussion on concern on any blogs or posts I've read. It has never came up in a topic in any of my personal discussions. It never seemed to be an issue as far as 'car cakes' and 'candy bar' cakes. Only 'characters'. I guess I'm not surprised really icon_rolleyes.gif

jason_kraft Posted 19 Sep 2010 , 4:22am
post #8 of 9
Quote:
Originally Posted by joaaaann

Oh. Well, I wondered if I was right about that or not. It's just that I never see that as a discussion on concern on any blogs or posts I've read. It has never came up in a topic in any of my personal discussions. It never seemed to be an issue as far as 'car cakes' and 'candy bar' cakes. Only 'characters'. I guess I'm not surprised really icon_rolleyes.gif



To be fair, the risk in making a cake that incorporates the brand of a car or candy bar is probably much less than copying a cartoon character...I find it hard to believe that GM actively searches for cakes using the Trans Am brand, but someone like Disney knows that their characters are often reproduced on cakes without authorization, so they would be far more diligent.

Rachel5370 Posted 19 Sep 2010 , 4:08pm
post #9 of 9

Some companies will happily give permission for free or a small fee. Just call and ask- I have done it! It is, of course much better to get written permission to really CYA. Forget about Disney though- unless you are very rich and famous! And don't do Louis Vuitton anything! They go after people and will not give permission for reproducing their stuff in cake. And yes I know, we see them here all the time. I really hope no one loses everything they have over a cake!

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